1. Defendant B received KRW 29.7 million from the Plaintiff, and Defendant C and D received KRW 19.8 million each, respectively, from the Plaintiff, and at the same time, the Plaintiff.

Facts of recognition

On May 30, 2005, the Plaintiff is a housing reconstruction and improvement project partnership that obtained authorization from the head of Bupyeong-gu Incheon Metropolitan City pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendants jointly own and possess real estate in the attached list (hereinafter “instant real estate”) located in the Plaintiff’s project implementation district and become partners by consenting to the establishment of the association.

The Plaintiff, such as authorization to implement the project for the Plaintiff, was granted authorization from the head of Bupyeong-gu Incheon Metropolitan City, the authorization to implement the project with the enforcement area of 16,100.74 square meters of land E on January 6, 2006, and the authorization to revise the project on April 9, 2012.

On May 31, 2012, the Plaintiff publicly announced the application for parcelling-out for its members, who received an application for re-sale as of June 29, 2012 for the expiration date of the application for parcelling-out for its members, extended the expiration date to July 19, 2012, but the Defendants did not apply for parcelling-out during the said period.

The Plaintiff exercised the right to demand sale against the Defendants by serving a copy of the instant complaint, which reaches the Defendant on May 17, 2016.

【The ground for recognition】 The project implementer may file a claim for sale with respect to the land or building of any of the following persons by applying mutatis mutandis the provisions of Article 48 of the Act on Ownership and Management of Condominium Buildings to implement the housing reconstruction project or the housing reconstruction project, when the project implementer implements the housing reconstruction project or the housing reconstruction project under Article 39 of the Urban Improvement Act (Amended by Act No. 11293, Feb. 1, 2012);

In such cases, a rebuilding resolution shall be deemed a consent to the establishment of an association (referring to the consent to the designation of a project implementer in the case of subparagraph 3), and sectional ownership and right to use site shall be deemed land or land subject to a claim for sale.