1. The judgment of the court of first instance is modified as follows.

Defendant B’s 3,978,744,800 won from the Plaintiff.

1. Basic facts

A. The Plaintiff is an owner of the instant building, an apartment house, the construction of which was suspended on May 1995, under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of removing existing buildings located on the ground near 68,934.9 square meters (hereinafter “instant rearrangement zone”), and for the purpose of promoting a housing reconstruction improvement project that newly constructs apartment units, the Plaintiff obtained authorization for the establishment from the Ansan City Mayor on August 16, 201 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On August 22, 2011, the Plaintiff is a housing reconstruction improvement project association established upon completing the registration of incorporation on August 22, 201. The Defendants are jointly owners of each of the instant land located within the rearrangement zone, and jointly with each of the instant land

B. On August 29, 2011, the Plaintiff sent a “peremptory Notice” with the purport of demanding the establishment of the association to Defendant B on August 29, 201, and the said peremptory notice reached Defendant B on August 30, 2011. However, the Plaintiff did not make any reply to the Plaintiff two months after the receipt of the said peremptory notice. (ii) On October 14, 201, the Plaintiff filed a claim for sale against the Defendants on October 14, 201, by applying mutatis mutandis Article 39 of the Urban Improvement Act (amended by Act No. 11293, Feb. 1, 2012) with respect to the land or buildings of any of the following persons when implementing a housing reconstruction project or a street housing rearrangement project:

In such cases, a rebuilding resolution shall be deemed to be the consent to the establishment of a partnership, and sectional ownership and right to use site shall be deemed the ownership and other rights of the land or building subject to the claim for sale in the project implementation district.

1. A person who fails to consent to the establishment of an association under Article 16 (2) and (3) and a person who owns and manages an aggregate building;