1. The Defendant (Counterclaim Plaintiff) is simultaneously paid KRW 4,187,389,90 from the Plaintiff (Counterclaim Defendant).

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

The Plaintiff is a housing reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), on October 14, 2003, after obtaining authorization for the establishment of an association from the head of Gangnam-gu Seoul Metropolitan Government on November 6, 2003, and obtained authorization for the establishment of an association on June 25, 2015.

The Defendant is the owner of the instant real estate located in the instant rearrangement zone.

On July 16, 2014, the Plaintiff notified the Defendant in writing as to whether he/she will participate in the re-building. If the Defendant does not reply within two months, the Plaintiff expressed his/her intention that he/she will not participate in the re-building pursuant to Article 39 of the Urban Improvement Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”). The said peremptory notice reached the Defendant on July 17, 2014, but the Defendant did not reply within two months thereafter.

The Plaintiff expressed his/her intent to exercise the right to demand sale by serving a duplicate of the instant complaint, and the duplicate of the instant complaint was served on September 16, 2015 to the Defendant.

[Reasons for Recognition] In a case where there is no dispute, Gap's statements in Gap's 1 through 4, 6, 7, 9, and 10 evidence, and the judgment of a sales contract as to the cause of a claim for the whole purport of the pleadings are filed by exercising the right to demand sale to a person who does not consent to the establishment of the association, and a lawsuit is accompanied by a peremptory notice of reply as to whether to participate in reconstruction registration is accompanied by the copy of the complaint, the other party is given the peremptory notice as to the right to demand sale by serving the copy of the complaint attached with the peremptory notice.