1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the parts which are dismissed or added as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. On January 18, 2017, the part of the judgment of the court of first instance concerning the dismissal is as follows: “Around January 18, 2016” in the first instance judgment No. 4, 9, as “ around January 18, 2017.”

In the first instance judgment, the part 8 of the first instance judgment stating that “The day after the lapse of the answer period can be deemed the date when the sales contract is concluded” in the first instance judgment is deemed to have the same effect as exercising the right to demand sale on the day after the lapse of the answer period. Thus, the day after the lapse of the answer period can be deemed the date when the sales contract is concluded

Part 12 of the judgment of the court of first instance, the part 11 of the judgment of the court of first instance refers to "D." as "E."

3. The following shall be added between the first instance judgment Nos. 12, 9 and 10.

The notice of estimated contributions is a procedure to be implemented by the committee of promoters of housing reconstruction projects prior to obtaining consent to the establishment of the association pursuant to Article 16(6) of the former Act, but the housing reconstruction project implementer is not required to file a claim for sale under Article 39 of the former Act. Furthermore, the association of maintenance and improvement projects, which is the project implementer in the housing reconstruction project, is established by the authorization and registration of the establishment of the association by the competent administrative agency, and the consent of the owners, such as the land for the establishment of the association

Since it is only one of the procedural requirements required for administrative disposition such as authorization to establish an association, there is a defect in the establishment resolution.

Even if the association establishment approval disposition is revoked or is not null and void as a result, the association association still has the status as a project implementer.

Therefore, the reconstruction project association's right to demand the sale of the land to the person who did not consent to the establishment of the association shall be implemented.