1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, citing the same as it is in accordance with the main sentence of

However, with respect to the argument that the defendant emphasized or added by this court, the following judgments shall be added.

2. Additional determination

A. The summary of the Defendant’s assertion 1) The project implementation plan and the project implementation change plan approved on May 18, 201 and November 25, 201 to the Changwon City Mayor are invalid because the Plaintiff’s contents of the plan are omitted from all important matters among the matters prescribed by the former Urban Improvement Act and subordinate statutes, were formulated without the fund plan, and there is apparent and serious defect, such as without undergoing a general meeting resolution, and thus, the Plaintiff’s management and disposition plan approved on October 16, 201 from the original city (hereinafter “instant management and disposition plan”).

(2) Article 44(5) of the Plaintiff’s articles of incorporation provides that “a person who fails to conclude a sales contract” shall be subject to cash settlement, and the Plaintiff did not notify or publicly notify the members including the Defendant of the period for sales contract.

If the defendant decides that he will not conclude a contract for sale in the future within the period of contract for sale in lots, he will be entitled to the status of the person subject to settlement in cash, and prior to that, the plaintiff's claim for delivery of the building of this case can not be allowed as unfairly compelling

3. According to Articles 11(2) and 44(4) of the Plaintiff’s articles of incorporation, “a person who has withdrawn the application for parcelling-out prior to the authorization of management disposition” may be a person subject to cash liquidation. However, the authorization of management and disposal shall also be deemed to include the authorization of

However, the Defendant changed the management and disposal plan and cancelled the application for parcelling-out on May 18, 2017, which was before October 16, 2017, and became a person subject to cash settlement. Thus, the Defendant’s instant case until receiving compensation pursuant to the compensation procedure.