1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a housing association that obtained authorization for the establishment on September 21, 2016 pursuant to the Housing Act in order to construct a new apartment in Busan Jin-gu C.

The defendant is the owner of each real estate listed in the attached list included in the above project plan site.

B. On June 17, 2019, the Plaintiff was approved by the head of Busan District Office, and D, a registered business entity under Article 4 of the Housing Act, as joint business entities under Article 5 of the Housing Act, as joint business entities under Article 5 of the Housing Act.

On January 1, 2020, registered business operators, who are joint business entities, were changed to E.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 3 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff claimed that the Plaintiff secured the right to use more than 95% of the area of the housing construction site, and the Plaintiff failed to secure the right to use each real estate owned by the Defendant, even after consultation with the Defendant for at least three months.

Accordingly, the Plaintiff’s service of an application to modify the purport of the claim and the cause of the claim on March 20, 2020 to sell each of the above real estate at KRW 1,026,369,760, which is the market price of each of the above real estate pursuant to Article 22(1) of the Housing Act.

On the other hand, the Plaintiff deposited KRW 1,026,369,760 on March 6, 2020.

Therefore, the defendant is obligated to implement the procedure for the registration of ownership transfer on March 6, 2020 with respect to each of the above real estate to the plaintiff and deliver each of the above real estate to the plaintiff.

B. The plaintiff alleged by the defendant did not consult with the defendant for at least three months before filing a claim for sale.

3. Determination

A. According to Article 22(1) of the Housing Act, a project proprietor who has obtained approval for a housing construction project plan may request the owner of a site for which he/she failed to secure a title to use (including buildings) among the housing construction sites concerned to sell the site at the market price, and in such cases, the site subject to a claim for sale.