현금청산자지위확인
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit shall be borne by each person;
1. Basic facts
A. The Defendant is the Housing Redevelopment and Improvement Project Association with the land size of 61,850.1 square meters in Songpa-gu Seoul Metropolitan Government D, and the Plaintiff is the owner of the land and buildings in Songpa-gu Seoul Metropolitan Government E in the Defendant’s business area, and the Plaintiff B is the owner of the land and buildings in the F.
B. The Defendant received project implementation authorization around April 26, 2012, and applied for a house to the Defendant on or around July 4, 2012 during the period for applying for a unit purchase as determined by the Defendant, the Plaintiff A and the Plaintiff B around August 16, 2012.
C. The Defendant received an administrative disposition plan around June 26, 2015, and did not yet conclude a sales contract with partners including the Plaintiffs.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-2, Eul evidence 2-3, the purport of the whole pleadings
2. To make entries in the attached statutes concerned;
3. The plaintiffs' assertion and judgment
A. The plaintiffs asserted that the plaintiffs applied for parcelling-out to the defendant, but they expressed to the defendant several times that they want to withdraw from the status of members and become cash clearing agents due to the personal circumstances that the defendant's business did not proceed as planned or that the plaintiffs could not receive parcelling-out.
However, the defendant's way to become a cash liquidation is not a way to conclude the sales contract by extending the period of conclusion of the sales contract, and it refuses the request of the plaintiffs.
However, the defendant has discretion to recognize the plaintiffs as cash liquidation, and it does not have any explicit grounds to prohibit such an association's acts in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Maintenance and Improvement of Urban Areas Act"), and at any time, the plaintiffs suffer economic disadvantage to deliver the plaintiffs' real estate located within the business area to the defendant under the circumstance that it cannot be predicted that they will receive compensation due to the period of conclusion of the contract for sale in lots