1. The defendant shall receive KRW 4,741,898,00 from the plaintiff, and at the same time, shall be listed in the attached list of real estate in the plaintiff.

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Seocho-gu Office on March 9, 2015 pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14576, Feb. 8, 2017; hereinafter “former Act”) in order to promote a reconstruction project (hereinafter “instant reconstruction project”) on a site of land of 63,289,10 square meters in Seocho-gu Seoul Metropolitan Government.

The Defendant was the owner of the land and buildings listed in the separate sheet located within the instant reconstruction project zone (hereinafter referred to as “each real estate of this case,” and the building part as “instant building”) and was the Plaintiff’s member who consented to the establishment of the association.

B. On July 13, 2016, the Plaintiff obtained authorization for the implementation of a project from the head of Seocho-gu Office on July 13, 2016, and publicly announced the application period for parcelling-out as the period for applying for parcelling-out from June 13, 2017 to July 14, 2017, and extended the last day of the application period for parcelling-out to July 28, 2017.

However, the defendant did not file an application for parcelling-out during the above period of application for parcelling-out.

C. On October 17, 2017, the Plaintiff formulated a management and disposal plan at the general meeting of its members based on the status of application for parcelling-out by its members.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 through 7 (including each number, if any) and the purport of the whole pleadings

2. Determination as to the cause of action

A. In relation to a housing reconstruction project for the establishment of a sales contract following the exercise of the right to request sale, a person subject to a cash settlement has the status as a partner because he/she loses his/her status as a person subject to sale due to reasons such as failing to apply for sale, etc., and thus is equivalent to an withdrawal of the association. Therefore, a reconstruction association can file a claim against a person subject to cash settlement for the registration of ownership transfer of real estate in an improvement zone by applying Article 39 of the former Act