1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. The Plaintiff is the redevelopment association established on June 29, 2007 for the purpose of implementing a housing redevelopment project (hereinafter “instant project”) on a scale of 136,310 square meters in Seongdong-gu Seoul, Seongdong-gu, Seoul for the purpose of implementing the said project. The Defendants are the owners of each land or building located within the said project area, and among which Defendants B and C share each of the pertinent real estate.

B. On October 12, 2007, the Plaintiff obtained authorization for the project implementation of the instant project from the head of Seongdong-gu Seoul Metropolitan Government (hereinafter “the head of Seongdong-gu”). Based on this, the Plaintiff formulated a management and disposal plan by receiving an application for parcelling-out from its members, and obtained authorization for the said management and disposal plan on May 14, 2009.

C. The Defendants: (a) filed an application for parcelling-out within the above period for filing an application for parcelling-out; (b) Defendant B and C withdrawn the application for parcelling-out on June 5, 2013; and (c) Defendant D and E renounced the status of each member by giving up the parcelling-out under the application for parcelling-out around the end of April 2014; and (c) thereby, the Defendants became a person subject to cash settlement pursuant to Article 47(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination:

A. According to Article 45(5) of the Plaintiff’s assertion of the Plaintiff’s articles of association, a person subject to cash settlement shall share the amount calculated by the ratio of the previous appraised value of the relevant person subject to cash settlement to all expenses, such as moving expenses, premium, improvement project (excluding land purchase expenses) incurred before he/she loses his/her membership, etc. The above articles of association shall undergo legitimate procedures with the consent of at least 76% of all the members of the Plaintiff’s general meeting held on May 30, 2013, before the date on which he/she loses his/her membership.