A. The Plaintiff is a reconstruction association which completed the registration of incorporation on January 12, 2012 with the authorization for the establishment of a housing reconstruction project on December 29, 201, in order to implement the housing reconstruction project in the area of 39,145 square meters (hereinafter “instant project zone”) in Namyang-si, Namyang-si.

The Defendant owned the instant real estate located within the instant business area and was a member of the Plaintiff.

B. On December 14, 2016, the Plaintiff received project implementation authorization from the Namyang-ju mayor, and the Plaintiff notified the Plaintiff’s members including the Defendant of the guidance for application for parcelling-out, setting the period for application for parcelling-out from the same date to February 5, 2017 from the same date.

On May 10, 2017, the Plaintiff issued a public notice to extend the period of application for parcelling-out from May 10, 2010 to May 29, 2017.

C. The Defendant did not apply for parcelling-out to the Plaintiff by May 29, 2017, which is the date of expiration of the extended period for application for parcelling-out.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 9, and 11 (including branch numbers in the case of additional number), the purport of the whole pleadings

2. Determination

A. According to Article 47(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act”), a project implementer shall liquidate land, buildings, or other rights in cash for a person who fails to apply for parcelling-out.

A person eligible for cash settlement, who is a member who has agreed to establish an association, has lost the status of a person eligible for parcelling-out due to reasons such as application for parcelling-out and has an status as a member who is equivalent to an withdrawal of the association. Therefore, by applying Article 39 of the former Act on the Maintenance of Urban Areas and Dwelling Conditions for Sale mutatis mutandis, a reconstruction association may file a claim for

However, the obligation to pay settlement money for a person subject to cash settlement.