The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

The Defendant obtained approval of a project implementation plan on June 24, 2020 for the purpose of implementing a housing redevelopment project in the Gwangjin-si Seoul Special Metropolitan City (hereinafter “instant rearrangement zone”), and is an association implementing a housing redevelopment project. The Plaintiff is the owner of a dmpon 14.2 square meters (hereinafter “instant land”) among real estate in the instant rearrangement zone.

On April 18, 2018, the defendant publicly announced the application for parcelling-out to the members and received the application for parcelling-out between April 20, 2018 and May 29, 2018, and the plaintiff did not apply for parcelling-out.

Since May 28, 2018, the defendant issued an extension announcement of the application period for parcelling-out to extend the period from May 30, 2018 to June 13, 2018.

The plaintiff did not apply for parcelling-out within the extended period.

After formulating a management and disposition plan for the members who filed an application for parcelling-out, the Defendant passed a resolution at the general meeting on September 28, 2018, and filed an application for a management and disposition plan with the Gwangju Metropolitan City Mayor on October 28, 2019 and received a management and disposition plan from the Gwangju Metropolitan City Mayor on April 28, 2020.

(hereinafter referred to as the “management and disposition plan of this case”). According to the management and disposition plan of this case, the plaintiff is classified as a person subject to cash settlement because the plaintiff did not apply for parcelling-out.

[Based on the fact that there is no dispute, Gap evidence Nos. 1, 234 (including branch numbers in the case of household numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2, and the purport of the whole argument of the plaintiff's argument as to the purport of the whole argument is as follows: Dong Dong, the spouse of the plaintiff, shall complete only the registration of ownership transfer of neighboring real estate except for the land of this case by purchasing from F in around 1968 the land of this case.

Accordingly, the Plaintiff filed a lawsuit against F for the registration of ownership transfer based on the prescription period, and received a favorable judgment, and on January 11, 2019, the Plaintiff completed the prescriptive acquisition of the instant land.