1. The plaintiff's main claim is dismissed.

2. The defendant is paid KRW 2,117,041,00 to the plaintiff.

1. Basic facts

A. The Mayor of Gangseo-gu Seoul Metropolitan Government, on October 23, 2005, designated and publicly announced a total of 31,924.10 square meters as a housing reconstruction zone pursuant to Article 4(2) and (3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8785, Dec. 21, 2007; hereinafter “former Act”).

B. On July 2007, the AHousing Reconstruction Improvement Project Establishment Promotion Committee approved on November 3, 2005 applied for authorization to establish an association to the head of Gangseo-gu Seoul Metropolitan Government with the consent of 203 of the land and building owners (242), land owners (41), building owners (4), and 203 of the building owners (197 land and building owners, 6 land owners) located within the project zone (242).

On August 1, 2007, the head of Gangseo-gu Seoul Metropolitan Government recognized the establishment of the plaintiff (hereinafter "the plaintiff association") under Article 16 of the former Act and approved the establishment of the plaintiff (hereinafter "the plaintiff association") on August 1, 2007, considering that the project area of this case is not a housing complex and meets the consent requirements of at least 4/5 of the land owners and at least 2/3 of the land size under Article 16 (3) of the former Act.

On October 26, 2007, project implementation authorization for the instant rearrangement project was completed.

C. On August 1, 2007, the Defendant filed a lawsuit with the Seoul Administrative Court on the ground that the establishment authorization disposition on August 1, 2007 did not satisfy the requirements for the consent of at least 4/5 of the owners of the land or buildings and the consent of at least 2/3 of the size of the land under the former Act.

The Seoul Administrative Court rendered a decision on November 5, 2009 that confirmed that the establishment authorization disposition on August 1, 2007 does not meet the consent requirements of at least 4/5 of the owners of the land or buildings, and that the above decision is invalid.