1. The Defendant’s management and disposition plan approved by the head of Eunpyeong-gu Seoul Metropolitan Government on May 1, 2017 is the Plaintiff.

1. Basic facts

A. The Defendant is a housing redevelopment and rearrangement project partnership that obtained authorization from the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the head of Eunpyeong-gu”) on May 4, 2009 for the implementation of a housing redevelopment project within the 115-5 search zone in Eunpyeong-gu Seoul Metropolitan Government, and the Plaintiff is the owner of land, etc. within the said rearrangement project zone.

B. On May 1, 2017, the Defendant was authorized by the head of Eunpyeong-gu, the head of Eunpyeong-gu (hereinafter “instant management and disposal plan”), and the head of Eunpyeong-gu publicly announced the management and disposal plan on May 4, 2017. The instant management and disposal plan is designated as a cash clearing.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. Although the Plaintiff’s assertion is designated as a cash liquidation agent, the Plaintiff was not notified of the application for parcelling-out by the Defendant.

Since it is unlawful for the Defendant to designate the Plaintiff as a cash clearing without notifying the Plaintiff of the application for parcelling-out, the part of the instant management and disposal plan designating the Plaintiff as a cash clearing shall be revoked.

B. The procedure of notification of the period for application for parcelling-out under Article 46(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) is to guarantee the opportunity for applying for parcelling-out to the owners of lands, etc. within the redevelopment area and to establish a management and disposal plan under Article 48(1) of the former Act. In order to establish the management and disposal plan under Article 48(1) of the former Act, a redevelopment association, who is a project implementer, must be notified of the application for parcelling-out in accordance with the provisions of the articles of association of the redevelopment association prescribed by the former Act and the