1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

Claim:

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the following additional portions, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. The defendant's assertion and determination related to the notice of estimated contributions (1) The defendant's assertion failed to properly implement the procedure for notifying the estimated contributions prior to filing a claim for sale.

Therefore, the Plaintiff’s claim for sale of each real estate of this case is unlawful.

(2) The provisions of the former Act on the Improvement of Urban Areas concerning the notice of estimated contributions are as follows.

Article 13 (Establishment of Partnership and Composition of Promotion Committee) (1) Where a person other than the head of a Si/Gun, designated developer or Housing Corporation, etc. intends to implement a rearrangement project, he/she shall establish an association comprised of

(2) In order to establish an association pursuant to paragraph (1), an association shall be organized by five or more members, including the chairperson, and a promotion committee for establishing the association with the consent of a majority of the owners of land, etc. under Article 15 (2) after public announcement of designation of an improvement zone under Article 4 (referring to a decision to implement a housing reconstruction project in an area other than a rearrangement zone) and the method and procedure prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(3) Owners of land, etc. who have consented to the composition of the promotion committee pursuant to paragraph (2) (hereinafter referred to as "persons consenting to the promotion committee") shall be deemed to have consented to the establishment of the association under Article 16 (1) through (3).

Provided, That this shall not apply to a person who consenteds to a promotion committee who has declared his/her opposition to the establishment of an association to the head of a Si/Gun and the promotion committee before applying for authorization for establishment

(4) A person who intends to obtain consent from the owners of land, etc. under paragraph (2) shall obtain such consent.