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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420
2. The judgment of the plaintiff is primarily based on the decision that the plaintiff was determined as the purchaser even though the defendant failed to meet the requirements of the purchaser, and thus, the plaintiff was determined as the purchaser by the resolution of amendment of the management and disposition plan which was void as a result of significant defects, and accordingly, the registration of this case is null and void as it is without any legal ground, and seeks to implement
If the Plaintiff seeks to cancel the registration of initial ownership completed in the name of the Defendant against the Defendant, he/she shall first prove that the Plaintiff had the title to claim the cancellation thereof, and if it is not recognized that the Plaintiff has such title, even if the registration of initial ownership in the name of the Defendant was invalid, the Plaintiff’s claim may not be accepted.
(see, e.g., Supreme Court Decisions 98Da17831, Feb. 26, 199; 2008Da35128, Oct. 9, 2008). Moreover, since the amendment of the management and disposal plan to partially alter the sale and disposal plan is possible only before the sale and disposal disposition takes effect, it is impossible for a union member to seek an amendment to the management and disposal plan after it takes effect, and the redevelopment association cannot also amend the management and disposal plan to partially alter the contents of the sale and disposal plan.
(see, e.g., Supreme Court Decisions 97Nu12105, Oct. 8, 199; 201Du6400, Mar. 22, 2012). As to the instant case, the Plaintiff merely was a mere redevelopment project developer, and as long as the sale disposition has been completed, the Plaintiff did not have ownership or other private rights to the instant apartment, and the Plaintiff did not have any other rights to the ownership or private rights to the instant apartment.