2. The costs of lawsuit are assessed against the plaintiffs.

A. The Defendant was established to implement a housing reconstruction improvement project for C Apartments (hereinafter “instant rearrangement project”) on the area of 26,607 square meters in Seocho-gu Seoul Metropolitan Government D, Seocho-gu, and was authorized to establish an association by the head of Seocho-gu Seoul Metropolitan Government (hereinafter “the head of Seocho-gu”) on June 27, 2003, and the Plaintiffs are the Defendant’s members.

B. The Defendant obtained authorization for the first project implementation on December 30, 2005 from the head of Seocho-gu, and obtained authorization for the alteration of the project on April 21, 2017.

In reference, the defendant obtained the authorization for the implementation of the project in March 30, 2018 in relation to the instant improvement project.

C. After October 16, 2017, the Defendant decided to formulate a management and disposal plan at an extraordinary general meeting held on October 16, 2017, and the head of Seocho-gu approved the above management and disposal plan on November 17, 2017, and publicly notified it as Seocho-gu Seoul Metropolitan Government Public Notification E on November 23, 2017.

(hereinafter the above management and disposition plan of this case is referred to as the "management and disposition plan of this case"). 【No dispute exists, Gap evidence Nos. 1, 2, 5, and 8 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 5, and the purport of the whole pleadings.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. The main point of the plaintiffs' assertion is that the management and disposal plan of this case was formulated formally by the defendant in order to avoid the excess profit restitution system and the sales price ceiling system, and it is unlawful in itself, and its defect is so serious and invalid.

4. Determination on the defense prior to the merits

A. After obtaining the authorization of the instant management and disposition plan, the Defendant held an extraordinary general meeting on September 20, 2018, and obtained the authorization of the alteration of the management and disposition plan from the head of Seocho-gu on December 6, 2018 following the resolution of the general meeting of the new management and disposition plan.

However, the new management and disposal plan is a content that substantially alters the main part of the management and disposal plan of this case.