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1. Of the judgment of the first instance, the part concerning Defendant E is modified as follows:
Defendant E shall set up an annexed sheet from the Plaintiff.
Reasons
1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is the same as the ground of the judgment of the court of first instance, with the exception of partial dismissal as follows:
(The main sentence of Article 420 of the Civil Procedure Act). [Attachment] 7-27 to 8-13 of the reasoning of the judgment of the court of first instance is as follows: “In order for a reconstruction association located in an area which is not a housing complex to obtain authorization for the establishment of an association, a person shall obtain consent from the owners of land or buildings located in an area which is not a housing complex pursuant to Article 16(3) of the former Act, so such person shall have a legal interest in the highest procedure stipulated in Article 48(1) of the Aggregate Buildings Act.
Therefore, in case where a reconstruction association makes a claim for sale to a person who owns only a parcel of land or building within a “area which is not a housing complex” under the former Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, barring any special circumstance, it shall undergo the highest procedure stipulated in Article 48(1)
(see Supreme Court Decision 2009Da95516, May 27, 2010). In this case, each real estate listed in the attached real estate list owned by the Defendants is located in an area other than a housing complex among the instant rearrangement zone, and there is no dispute between the parties.
Therefore, the plaintiff should first go through the highest procedure stipulated in Article 48(1) of the Aggregate Buildings Act in filing a claim for the sale of each real estate stated in the attached real estate list against the defendants.
On the other hand, Article 39 of the former Act provides that when a project implementer implements a housing reconstruction project, a person who does not consent to the establishment of an association under Article 16 (2) and (3) (Article 16 (1) may file a claim for sale of the land or building by applying mutatis mutandis the provisions of Article 48 of the Act on Ownership and Management of Aggregate Buildings.
In addition, Article 48 (2) and (4) of the Aggregate Building Act is the owner of land or building.