The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. As to this part of the basic facts, this court's explanation is identical to the corresponding part of the judgment of the court of first instance, except for the modification to "the real estate of this case" by "the third party one of the judgment of the court of first instance," and "the fourth 12-13 acts" by "the fourth 12-13 acts" by "the third 2 acts on September 13," and "the fourth 12-13 acts" by "the fourth 1-8, 11 through 14, 16 acts, and Eul evidence No. 1 (including the provisional number, hereinafter the same), and the purport of the whole pleadings," and therefore it is identical to the corresponding part of the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the plaintiff's claim

A. The Defendant asserted that the Plaintiff’s obligation to pay the liquidation amount has not gone through the procedure of adjudication on expropriation for the payment of the liquidation amount until February 14, 2013, where the period from September 18, 2012 to September 11, 2015, the period between September 18, 2012 and 150 days, and that the settlement amount is not paid at all, applied for adjudication on May 11, 2015 and the commencement of expropriation was the first day of September 2015. However, the Defendant is obliged to pay the Plaintiff damages for delay calculated at the rate of 5% per annum for the compensation due to delay in payment of the liquidation amount.

B. Determination 1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act on the Maintenance and Improvement of Urban Areas”).

Article 47 provides that a project implementer shall liquidate land, buildings or other rights within 150 days in cash where the owner of land, etc. fails to file an application for parcelling-out within the period of application for parcelling-out or has withdrawn it within the period of application for parcelling-out after filing an application for parcelling-out, but is excluded from the object of parcelling-out under an authorized management and disposal plan, and where a partner fails to conclude a contract for parcelling-out within the period of contract conclusion determined by the association after approval of the management and disposal plan, he/she shall liquidate in cash