1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”) on the area of 51,526 square meters in Mapo-gu Seoul Metropolitan Government.

B. The head of Mapo-gu Seoul Metropolitan Government announced the Plaintiff of the authorization for the establishment of the association on July 18, 2008; the authorization for the implementation of the project on November 25, 2009; the authorization for the implementation of the project on June 22, 201; the authorization for the implementation of the project on May 22, 2013; and the authorization for the management and disposal of the project on May 30, 2013.

Meanwhile, as the head of Mapo-gu Seoul Metropolitan Government announced the change of the project implementation on September 25, 2014, the Plaintiff received an application for re-sale against the persons who maintain their membership from November 20, 2014 to December 24 of the same year.

C. The Defendant was the owner of the real estate listed in the separate sheet in the instant rearrangement project zone, and was the Plaintiff’s partner, but did not apply for parcelling-out by December 24, 2014, which was the closing date for application for re-sale, and became the subject of cash settlement from the following day.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 11, Eul 1 and 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserted that the defendant, who was a member of the association, was changed to a cash liquidator, and that prompt compensation procedure for the defendant is expected to be completed, the defendant should deliver the real estate listed in the attached Table.

B. The proviso of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that “the same shall not apply to cases where a project operator’s consent or a right holder’s compensation under Article 40 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor has not been completed.” Thus, if an agreement on settlement money between the redevelopment partnership and the person subject to cash settlement is reached, the obligation to pay settlement money and to deliver real estate, such