1. Of the plaintiffs' lawsuit of this case, the part of the confirmation of the right to sell the unit of multi-family housing is dismissed.

2. The Plaintiffs.

Details of the disposition

The Defendant is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter referred to as “instant rearrangement project”) with the project implementation district of 104,979 square meters in Seongbuk-gu Seoul Metropolitan Government D Il-gu, and was granted authorization from the head of Seongbuk-gu Seoul Metropolitan Government for the establishment of the association on June 25, 2009; authorization for the implementation of the project on November 8, 2012; authorization for the implementation of the project on February 13, 2014; and authorization for the implementation of the project on April 24, 2014.

On August 2, 2009, the Plaintiffs purchased KRW 40,000,00 for the purchase price of KRW 86,00,000 for the housing of 1st floor in Seongbuk-gu Seoul, Seoul, an unauthorized building located within the instant improvement project zone (hereinafter “instant unauthorized building”).

The Plaintiffs leased the instant unauthorized building to F on September 20, 201, a deposit of KRW 1 million, KRW 220,000 per month, and the term of lease from October 17, 201 to October 16, 201. On July 2, 2012, the Plaintiffs leased the instant unauthorized building to G with a deposit of KRW 1 million, KRW 200,000 per month, and the term of lease from July 24, 2012 to July 23, 2013.

On November 8, 2012, the Defendant obtained authorization for the instant improvement project plan from the head of Seongbuk-gu Office, and the period from January 4, 2013 to March 4, 2013, and made a public announcement of sale to its members. The application period for sale was extended from March 5, 2014 to March 24, 2014, and the Defendant did not notify the Plaintiffs for whom the name was omitted in the list of its members.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, and Nos. 8 (including branch numbers if there are branch numbers), and the whole purport of the pleading of the lawsuit of this case as to the legitimacy of the lawsuit of this case, the redevelopment cooperative under the Urban Redevelopment Act (wholly amended by Act No. 5116 of Dec. 29, 1995) is a special administrative body with at least special purpose of existence in the legal relations with members, and its existence is under the supervision of the State.