1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a reconstruction association that obtained authorization for the establishment of a housing reconstruction project association on August 17, 2012 and completed the registration of incorporation on September 13, 2012 for the purpose of implementing a reconstruction project by designating the Seoul Southern-gu Seoul Northern District C as a project site.

B. On December 15, 1995, the network D completed the registration of ownership transfer with respect to 69.3 shares of 1109/1109 square meters among 1,109 square meters in Gangnam-gu, Seoul (hereinafter “instant real estate”).

D On May 7, 2011, the Defendant died, and the heir completed the registration of ownership transfer on the instant real estate on March 25, 2013 on the ground of inheritance by consultation and division.

C. On May 6, 2013, the Plaintiff sent a peremptory notice to the Defendant demanding reply as to whether the establishment of the association was consented, and the Defendant did not reply to the Plaintiff until two months have passed thereafter.

On February 5, 2014, the Plaintiff filed the instant lawsuit with the Defendant to exercise the right to sell the instant real estate, and on February 14, 2014, a duplicate of the instant complaint was served on the Defendant.

[Ground of recognition] Unsatisfy, Gap 1-5 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserts that the contract between the plaintiff and the defendant was established on the delivery date of the copy of the complaint of this case as the defendant did not make any reply within two months, despite the plaintiff's peremptory notice, and exercised the right to sell the real estate of this case by the delivery of the copy of the complaint of this case. Thus, the defendant is obligated to implement the procedure of ownership transfer registration for the real estate of this case at the same time with the plaintiff's money stated in the claim

On the other hand, the defendant asserts that the plaintiff's right to demand sale against the defendant is invalid as it has been exercised after the limitation period expires.

(b) a participant in reconstruction under Article 48(4) of the Act on the Ownership and Management of Aggregate Buildings; or