1. The Defendants and the Defendant (Counterclaim Defendant) E shall pay each money from the Plaintiff (Counterclaim Defendant) in the “value” column in the attached Table 1.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an association established to implement a housing reconstruction improvement project for the Bupyeong-si A Apartment (hereinafter “the apartment of this case”). The Defendants are the owners of each real estate indicated in the attached Table 1 “the pertinent real estate” column located within the apartment of this case, which is the rearrangement project zone.

B. The Plaintiff obtained the consent to a reconstruction project and establishment of an association (49, 87.5%) from the sectional owners of the instant apartment on January 12, 2017.

C. On January 24, 2017, the Plaintiff sent a peremptory notice to the Defendants who did not consent to the reconstruction project and the establishment of an association to the effect that “a reply is requested to the consent to the reconstruction and establishment of an association, and if no reply is made within two months, the Plaintiff shall be deemed as not consenting and shall exercise the right to demand sale.”

At that time, Defendant B received the above peremptory notice, but did not respond to whether he consented to the establishment of the association for the lapse of two months, and the remaining Defendants did not receive the same peremptory notice.

In the instant complaint, the Plaintiff declared that “a copy of the instant complaint shall be served on the Defendants to sell real estate owned by each of the Defendants at the market price.” The instant complaint was served on Defendant B on April 27, 2017; Defendant C on May 18, 2017; Defendant D on May 10, 2017; and Defendant E on April 27, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination on the main claim

(a) Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that a project implementer shall carry out a housing reconstruction project with respect to land or buildings owned by any of the following persons: