1. The defendant (Counterclaim Plaintiff, the designated party), the AppointorO, and the Defendants are attached Table 3 from the plaintiff (Counterclaim defendant).

1. Facts of recognition;

A. The Plaintiff is a cooperative under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which was established to implement a housing reconstruction improvement project (hereinafter “instant project”) in Mapo-gu Seoul Mapo-gu P, and completed the registration of incorporation on November 28, 2007 after obtaining authorization for establishment on November 7, 2007.

B. The Defendants occupied and used the instant real estate as the owner of each share indicated in the column for share in the attached Table 3’s real estate column located within the instant business zone (hereinafter “instant real estate”).

C. On December 1, 2015, the Plaintiff obtained authorization for the change of the project implementation of the instant project, and on December 22, 2015, publicly announced the period for application for parcelling-out from December 28, 2015 to February 2, 2016, and announced the application for parcelling-out to the owners of land, etc.

After that, on February 3, 2016, the Plaintiff issued an extension notice for application for parcelling-out to February 22, 2016 by extending the period for application for parcelling-out on February 3, 2016, but the Defendants did not apply for parcelling-out until February 22, 2016.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts found in the establishment of a sales contract, the defendants are eligible for a cash settlement pursuant to Article 47 of the Act on the Maintenance and Improvement of Urban Areas by failing to file an application for parcelling-out and lose their membership status as a person subject to a cash settlement pursuant to Article 47 of the Act, and thus, the plaintiff, a reconstruction association, can file a claim for sale of the real estate with the defendants, who are subject to cash settlement pursuant to Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Article 48 of the Act on the Ownership and Management of Condominium Buildings, and the fact that the copy of the complaint of this case containing the plaintiff's declaration of intent to exercise the right to sell against the defendants is clearly recorded