A. The Defendant is a housing redevelopment and rearrangement project association established to implement the housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) in Eunpyeong-gu Seoul Metropolitan Government, and the Plaintiff is the owner of land, etc. who owns the underground floor E among multi-household houses outside Eunpyeong-gu Seoul Metropolitan Government and one parcel of land in the said project area.

B. The Defendant obtained authorization for the implementation of the project on August 2, 2012 from the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the head of Eunpyeong-gu”) and authorization for the implementation of the project on June 26, 2014, respectively.

C. On June 30, 2014, the Defendant issued a public announcement of the application for parcelling-out by setting the period for application for parcelling-out from July 7, 2014 to September 4, 2014, and issued a public announcement of the application for parcelling-out on September 5, 2014 by extending the period for application for parcelling-out from September 5, 2014 to September 24, 2014.

On September 24, 2016, the Defendant resolved on a management and disposition plan at the general meeting of partners (hereinafter “instant general meeting”), and obtained authorization for the management and disposition plan (hereinafter “instant management and disposition plan”) from the head of Eunpyeong-gu on May 4, 2017 from the head of the Gu.

E. The instant management and disposition plan is classified by the Plaintiff as the subject of cash settlement.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 4-1, 2, and Gap evidence 5, the purport of the whole pleadings

2. Judgment as to the main claim

A. As to the plaintiff's primary claim seeking confirmation of invalidity of the management and disposal plan of this case, the defendant asserts that there is no legal interest in seeking confirmation of invalidity of the management and disposal plan of this case, since the plaintiff's failure to apply for parcelling-out within the period of application for parcelling-out and became a person subject to cash liquidation.

In this case, the facts that the plaintiff is classified as the subject of cash liquidation are as shown in the preceding disposition process.

However, the plaintiff shall apply for the application period to the members including the plaintiff.