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. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association established to implement a housing reconstruction and rearrangement project of A Apartment-gu in Daegu-gu (hereinafter “instant apartment”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

F Co., Ltd. (hereinafter referred to as “F”) is the owner of the real estate listed in the separate sheet (hereinafter referred to as “instant apartment”).

B. On December 2, 2012, some owners of the instant apartment, opened an inaugural general meeting to establish the Plaintiff Association, decided to establish the Plaintiff Association. On December 31, 2012, the head of the Daegu Metropolitan City Suwon-gu head of the Gu, which obtained authorization to establish the association, and completed the establishment registration on January 9, 2013.

On January 22, 2013, the Plaintiff sent a peremptory notice to F to reply to whether or not it consents to the establishment of the association in accordance with Article 39 of the Act on the Ownership and Management of Aggregate Buildings and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) and re-issued a peremptory notice on February 4, 2013.

The notice sent by the Plaintiff was served on F on January 23, 2013 and February 5, 2013.

The F did not respond to whether or not the F has consented to the lapse of two months after being served with each of the above peremptory notices.

C. On April 1, 2013, the Plaintiff filed a lawsuit claiming sale of real estate, etc. with the Daegu District Court 2013Kahap201688 against F, etc.

As to the instant apartment 109 on December 9, 2013, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) under Article 174287 of the Daegu District Court’s Registration Office on the ground of trade reservation on the same day.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 5 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The Defendant’s main defense against the Defendant cannot be recognized as the Plaintiff’s right to claim a sale against F due to the following reasons.