1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. A. Around October 2001, the Minister of Construction and Transportation designated one unit of land development project as a planned housing site development district, including Sungnam-si M and N as a planned housing site development district, and around that time approved and publicly notified the C housing site development plan. Korea Land Corporation, Gyeonggi-do, Sungnam-si, and the Korea National Housing Corporation as a project implementer for each one unit of land.

B. The Defendant became eligible for the supply of the land for livelihood measures following the incorporation of the land at the time of the said planned housing site development area into the said planned housing site development area.

C. On August 2007, the above project implementer announced the "Public Notice of the Supply of the C-C-C-Ping Site." According to this, the right to purchase the living countermeasure site can only be the object of the supply of the living countermeasure site because only the association composed of the persons selected as the object of the supply of the living countermeasure site can become the object of the supply of the living countermeasure site. In the case of the sale contract, only the change of the name as a whole can be made only once, and it is not allowed for the association members to individually transfer their shares.

The Defendant organized the D Association (hereinafter referred to as the “instant Association”) with other persons eligible for the supply of land for livelihood countermeasures, and registered the instant Association as its members.

E. On September 28, 2007, D Union, the Defendant whose members are members, was sold in lots to E-Gu, Sungnam-si, Sungnam-si, Seoul, in a size of 578 square meters (the land substitution in F. 577.6 square meters in Sungnam-si, Sungnam-si).

F. Article 9 of the articles of association of the instant association provides that the entire shares of the land of the association members can be transferred before the registration of transfer of ownership of the land for livelihood countermeasures, such as the notice of supply of the land for livelihood countermeasures, and each share of the association members can not be transferred individually in principle, and the shares of the association members can be transferred only once with the consent of all the association members from the general meeting of the association

[Ground of recognition] Facts without dispute, Gap evidence 6 through 9, each entry of evidence Nos. 25 and the purport of the whole pleadings

2. The plaintiff's assertion and its objection.