1. The part concerning the counterclaim in the judgment of the court of first instance, which was rejected in the judgment of the court of first instance, shall be withdrawn before the remand.

1. The court's explanation on this part of the basic facts is the same as the written judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the defendant's claim for liquidation money

A. (1) At the time of calculating the occurrence of liquidation obligation and the liquidation value, the fact that the Plaintiff failed to apply for parcelling-out on the basis of its rules that the Defendant was expelled from the association members and notified the purport of cash settlement on February 2, 2007 is as seen earlier.

The Plaintiff is obligated to pay the liquidation money for real estate listed in the attached Form 2 (hereinafter “instant real estate”), which is the object of liquidation, to the Defendant who loses its membership and becomes a person subject to cash liquidation.

(2) On the other hand, Article 7 (1) of the Addenda to the Act on the Maintenance and Improvement of Urban Areas ( December 30, 2002) provides that the fact that the Plaintiff obtained the approval of a project plan on October 13, 200 before July 1, 200, under the former Housing Construction Promotion Act, shall be as seen earlier, and the fact that Article 7 (1) of the Addenda to the Act on the Maintenance and Improvement of Urban Areas (amended by December 30, 2002) is subject to the previous provisions.

However, unlike Article 47 of the former Housing Construction Promotion Act, the former Housing Construction Promotion Act did not stipulate in cash liquidation of land, buildings or other rights (hereinafter “land, etc.”) owned by the members who did not apply for parcelling-out or withdraw.

(3) Therefore, where a reconstruction association which obtained approval of a project plan under the former Housing Construction Promotion Act before the enforcement of the Urban Improvement Act provides for cash settlement of land, etc. in its articles of association or by-laws, etc., it shall conduct cash settlement in accordance with the methods and procedures prescribed by its articles of association or by-laws (see, e.g., Supreme Court Decision 2010Da15134, Sept. 8, 201). Only the basic matters regarding cash settlement in the articles of association or by-laws, etc.