A. The Defendant is a housing redevelopment and rearrangement project partnership with the authorization of establishment on March 23, 2015 for the purpose of implementing a housing redevelopment project in Gwangju Northern-gu C, and the Plaintiff and D own one-half share of land and ground buildings in Gwangju Northern-gu E.

B. After receiving project implementation authorization on April 4, 2017, the Defendant completed the procedure for application for parcelling-out after setting the period for application for parcelling-out from April 17, 2017 to May 27, 2017.

C. The plaintiff did not file an application for parcelling-out during the above period of application for parcelling-out.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion did not legally notify the plaintiff of the application for parcelling-out for housing redevelopment project, so even if the plaintiff did not apply for parcelling-out within the period of application for parcelling-out, the plaintiff still is the defendant's member.

B. The defendant alleged that the plaintiff was legally notified of the application for parcelling-out, so long as the plaintiff did not apply for parcelling-out within the period of application for parcelling-out.

3. Determination

(a) as shown in the Attachment of the relevant statutes;

B. Whether the application for parcelling-out is lawful 1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”).

Article 46(1) of the Enforcement Decree of the same Act (wholly amended by Presidential Decree No. 28628, Feb. 9, 2018; hereinafter the same shall apply) and Article 46(1) of the same Act

According to Article 47 (1), a project implementer shall notify the owners of land, etc. of the outlined charges, the period for application for parcelling-out, place, qualifications, etc. within 60 days from the date of public announcement of project implementation authorization.

Procedures for notification, etc. of the period for application for parcelling-out under Article 46 (1) of the Urban Improvement Act are to guarantee the opportunity for application for parcelling-out to the owners of land, etc. who lose ownership of land, etc.