1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Defendant is a cooperative established to implement a housing reconstruction project (hereinafter “instant project”) on a scale of 33,593 square meters in Dongjak-gu Seoul Metropolitan Government, pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On August 12, 2010, the Defendant completed the establishment registration on August 13, 2010 with the authorization of the head of Dongjak

On July 30, 2007, the Plaintiff acquired ownership by purchasing the unauthorized Building located on the Dongjak-gu Seoul Metropolitan Government D, E, F, G, and H ground located on the instant project implementation district (hereinafter “instant building”).

B. On January 31, 201, the Defendant filed a claim for sale under Article 39 of the Urban Improvement Act with the Seoul Central District Court 201Gahap10261 (hereinafter “Seoul Central District Court”) against 21 persons including the Plaintiff. On April 19, 2012, the said court rendered a judgment ordering the Plaintiff to deliver the instant building to the Defendant at the same time on the ground that the Plaintiff, who owns only the instant building, which is an unauthorized Building, is not eligible for membership of the Defendant, becomes merely eligible for the claim for sale on the ground that he/she is not entitled to the Plaintiff’s claim for sale (hereinafter “the first preceding judgment”), and that the Plaintiff was paid the purchase price of KRW 26,326,200 equivalent to the market price of the instant building, and the said judgment was handed down as Seoul High Court Decision 2012Na50867, May 15, 2013, which became final and conclusive as follows:

1. The defendant confirms that the plaintiff is in the position of the purchaser by the partner's selling price in relation to the defendant's reconstruction project.

2. The plaintiff delivers the building of this case to the defendant.

3. The defendant promises to comply with the management and disposition plan and the sale procedure of the plaintiff, and does not file any civil or criminal objection.

4. The Plaintiff’s right to parcel out under paragraph (1) is limited to the Defendant’s reserved land.