1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The defendant is from the plaintiff 122,000.

1. Facts of recognition;

A. The parties’ relationship 1) The Plaintiff’s housing reconstruction project (hereinafter “instant reconstruction project”) at the D D D D, Changwon-si, Changwon-si (hereinafter “instant reconstruction project”).

(1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).

(2) The Defendant owned real estate in the attached list (hereinafter “instant real estate”) located in the implementation zone of the instant reconstruction project, and was a member of the Plaintiff who consented to the instant reconstruction project, and owned and used the instant real estate to C by leasing it.

B. After receiving project implementation authorization on December 20, 2007, the Plaintiff neglected to apply for parcelling-out, the “from October 17, 201 to November 16, 201” was determined and publicly announced as the period for application for parcelling-out.

However, the defendant did not apply for parcelling-out until the period of application for parcelling-out expires.

C. On September 20, 2012, the Plaintiff, after the expiration of the period of application for parcelling-out, was authorized as a management and disposal plan based on the status of application for parcelling-out from the Changwon market.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 14, the purport of the whole pleadings

2. The assertion and judgment

A. As a matter of principle, a project implementer’s right to claim sale under Article 39 of the former Act on the Establishment of Sales Contracts upon the exercise of the right to claim sale is against a person who is not a member of the association, and it cannot be immediately applied to a person who is subject to cash settlement from a reconstruction association that is a project implementer pursuant to Article 47 of the former Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (hereinafter “person subject

However, a person subject to cash settlement is disqualified as a member because he/she loses his/her status as a person subject to parcelling-out due to reasons such as not applying for parcelling-out.