2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

The reasoning for this part of this Court is that the corresponding part of the judgment of the court of first instance (No. 6 to No. 13) is the same as that of the corresponding part of the judgment of the court of first instance (No. 2, No. 6, No. 14).

Plaintiff’s assertion

The plaintiff was aware that redevelopment project is not implemented, and the application for parcelling-out has not been filed within the period for application for parcelling-out.

Therefore, the plaintiff still maintains the status of the defendant's member.

In addition, on December 17, 2016, when the defendant preferentially sells the reserved land equivalent to 1% of the total number of households of the housing supplied to the cash clearing partner (person subject to cash clearing) who is in the same position as the plaintiff, the plaintiff has the right to purchase the apartment house to be constructed due to the implementation of the project in this case, as the management and disposal plan standards to apply the same selling price as the members of the association

Nevertheless, the Defendant classified the Plaintiff as a person subject to cash settlement in the instant management and disposition plan, and denied the Plaintiff’s membership status. Therefore, the Defendant sought confirmation of the Plaintiff’s membership status by the instant lawsuit.

Before the defendant's argument on the prior objection to the merits becomes final and conclusive, he/she may seek confirmation of his/her partner's qualification through a party litigation under public law, but after the determination of the management and disposition plan, he/she shall seek partial invalidation or revocation of the management and disposition plan

Since the plaintiff is classified as the object of cash settlement in accordance with the management and disposal plan of the defendant union, it is only possible to dispute the management and disposal plan of the defendant union, and it is not possible to seek confirmation

Therefore, the instant lawsuit is unlawful.

B. Where the Housing Redevelopment Project Association denies the membership qualification of the person claiming the membership, the person claiming the membership is his/her right or legal status.