The judgment of the court below is reversed, and the case is remanded to Busan District Court Panel Division.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Article 18-2 (1) of the Housing Act provides that "a project operator who has obtained approval of a project plan pursuant to Article 16 (4) 1 may request the owner of a site for which he/she has failed to secure the title to use the site among the relevant housing construction sites to sell the site at the market price. In such cases, a consultation shall be held for at least three months before filing a claim for sale with the owner of the site subject to such claim for sale." Since such consultation does not impose any restriction on the method or time limit of consultation, such consultation may be made even after filing a claim for right by exercise of the claim for sale

(see, i.e., Supreme Court Decision 2010Da97068, Nov. 10, 201). In addition, the aforementioned “consultation” refers to a specific and substantial consultation, and when determining whether a project proprietor who has obtained approval for the housing construction project satisfies such requirements for consultation, the following circumstances should be comprehensively taken into account: (a) whether the project proprietor, who has obtained approval for the housing construction project, presented a sale price or a reasonable ground for the calculation thereof; (b) whether the project proprietor has made efforts to proceed with the consultation; and (c) the housing owner

(2) According to the reasoning of the lower judgment, the lower court recognized facts as indicated in its reasoning. In so doing, it is evident that the Plaintiff had no substantial consultation for more than three months with the Defendant regarding the sale and purchase of the instant land before filing the instant lawsuit after the approval of the instant project plan became effective, and that there was a substantial consultation on the sale and purchase of the instant land in addition to the public room surrounding the propriety of the claim between the original Defendant, even in the process of the first instance trial following the filing of the lawsuit.