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1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Of the judgment of the court of first instance, it is ordered.
Reasons
1. The reasoning of the judgment of the court of first instance is as follows, except for the following parts written or added:
(The main text of Article 420 of the Civil Procedure Act). The part which was dried or added on February 2, 199 shall be added to the following two cases in front of the judgment of the court of first instance:
On June 28, 2010, the non-party union publicly announced the members of the association to apply for the parcelling-out during the period from July 1, 2010 to August 9, 2010, and thereafter, the period for the above application for parcelling-out has been extended on August 29, 2010. The plaintiffs were eligible for cash settlement since they failed to apply for the parcelling-out within the above period for parcelling-out, but they did not complete the liquidation even after January 201, 201, which is 150 days under Article 47 subparagraph 1 of the Urban Improvement Act.
On the other hand, the meeting data for the board of directors of the non-party union on October 15, 2010 (Evidence A No. 8) states that "the defendant has expressed his/her position to allow cash settlement even within the period under the Act on the Maintenance of Urban Areas and Dwelling Conditions for the members of the settlement of cash in case they make a request by stating their personal information on the consent and application form for cash settlement, and must be carried out in the amount of the previous asset appraisal which has been notified of
On January 12, 2011, the non-party union sent a notice on cash settlement (Evidence No. 10) stating that "the non-party union has strongly demanded that the non-party union pay the liquidation money as well as the implementation of the project implementation of the construction contract terms, such as the fixed equity program, and the settlement money, as soon as possible, to the persons subject to cash settlement, including the plaintiffs."
On January 26, 2011, the non-party union consulted with a strong demand to implement cash settlement within 150 days as stipulated in the Act on the Improvement of Urban Areas and Dwelling Conditions for Persons subject to Cash Liquidation, including the plaintiffs, for the following reasons: