1. The part against the defendant in the judgment of the first instance is revoked.

2. The Defendant: (a) 5.2 square meters of K Cemetery 873 square meters in Tong Young-gu, the Plaintiff.

1. The judgment of remanding the scope of the judgment of this court was reversed only to the defendant of the judgment of the court prior to remand, and remanded to party members. The claim against the co-defendant A corporation prior to remand was finalized.

Therefore, only the part of the plaintiff's claim against the defendant is subject to a trial by the party after remand.

2. The assertion and judgment

A. After obtaining the Plaintiff’s housing construction project plan approval, the Plaintiff agreed to purchase the instant land between the Defendant and the Defendant for a period of at least three months, but the Plaintiff did not reach an agreement and exercised the Defendant’s right to demand sale on January 6, 201 and September 11, 2013. As such, the Defendant is obligated to implement the registration procedure for transfer of ownership based on sale as of January 6, 201 or September 11, 2013, on the instant land.

B. Determination 1) 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 file a claim with the owner of a site that has not been secured a right to use (including buildings) among the relevant housing construction sites for sale to sell the site at the market price. In such cases, consultation shall be held with the owner of the site subject to a claim for sale for sale for at least three months before filing a claim for sale.” Since consultation does not impose any restriction on the method or time limit of consultation, such consultation may be held even after filing a lawsuit for the exercise of a claim for sale (see, e.g., Supreme Court Decision 2010Da97068, Nov. 10, 201). As such, the litigation procedures inside and outside the relevant housing construction site may also be conducted through conciliation procedures that are in progress in the course of litigation.

In addition, the above "consultation" means a specific and substantial consultation, and when determining whether such consultation requirements are met, the project operator who obtained approval for the housing construction project plan shall be entitled to reasonable grounds for the sale price or the calculation thereof.