The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Plaintiff’s assertion

On July 22, 2016, the Plaintiff is expected to obtain the authorization to establish a housing association under the Housing Act, and the authorization to change December 29, 2016, and secure the right to use the housing construction site 95.51%.

Therefore, a project operator who has obtained approval of a project plan pursuant to Article 22(1)1 of the Housing Act can request the owner of a site (including a building; hereafter the same shall apply in this Article and Article 23) who has failed to secure the right to use the site among the relevant housing construction sites to sell the site at the market price according to the following provisions:

In such cases, consultation shall be held with the owner of a site subject to a request for sale for at least three months before filing a request for sale.

(hereinafter referred to as "the defendant is entitled to claim the sale of goods". Thus, the defendant must comply with the claim.

Judgment

In order to exercise the right to demand sale under Article 22 of the Housing Act, the project operator shall obtain the approval of the project plan. However, even if the plaintiff's assertion was made, the approval of the project plan was not issued, and there was no evidence to acknowledge it even if it had been made several dates of pleading, so the above assertion is without merit.

Therefore, the plaintiff's claim of this case is dismissed, and it is so decided as per Disposition.