1. The part of the judgment of the court of first instance against the Defendants against the Plaintiff shall be revoked.

2. The Plaintiff, Defendant C, and Defendant C.

Basic Facts

The Plaintiff is a housing reconstruction and improvement project association approved by the head of Eunpyeong-gu Seoul Metropolitan Government on May 4, 2010 to implement a housing reconstruction and improvement project (hereinafter “instant improvement project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant project zone”).

The Defendants, as owners of each of the pertinent real estate listed in the separate sheet No. 1. located within the instant project zone (hereinafter “each of the instant real estate”), are the Plaintiff’s members, and filed an application for parcelling-out with the Plaintiff for a new building following the implementation of the instant improvement project on January 2014.

The head of Eunpyeong-gu Seoul Metropolitan Government approved the management and disposal plan concerning the instant improvement project on January 20, 2015, and publicly notified the said authorization on January 29, 2015.

Plaintiff

The main contents of the articles of association are as follows:

Article 5 (Implementation Method) (1) A cooperative member shall invest in a cooperative with land and buildings owned in kind and build and supply multi-family housing and ancillary and welfare facilities in accordance with the management and disposal plan approved under Article 48 of the Urban Improvement Act.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

6. Obligation to remove and move by the business action plan;

7. Other relevant Acts and subordinate statutes, this articles of incorporation, general meetings, etc. (1) Members to whom housing is removed due to the implementation of a project shall move at their own expense during the implementation of the project.

(4) Members of the cooperative shall move out of the relevant building within the relocation period that the cooperative determines and notifies, and shall take measures to move out together with the relevant members' responsibility if the relevant tenants or temporary residents exist.

Article 38 (Removal, etc. of Topographical Sites) (1) A cooperative may remove structures within a project implementation district after authorization for a management and disposal plan is granted.