1. The plaintiff's claim against the defendants is dismissed.

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

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff obtained authorization from the head of Songpa-gu Seoul Metropolitan Government on June 12, 2003 to implement a housing reconstruction project (hereinafter “instant project”) with respect to 150 buildings on the ground of 405,782.40 square meters of land outside Songpa-gu Seoul, Songpa-gu, Seoul and six parcels pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On April 208, the Plaintiff obtained authorization for the establishment of the housing reconstruction project from the head of Songpa-gu Office on June 12, 2003; the authorization for the implementation of the project from the head of Songpa-gu under Article 28 of the Urban Improvement Act; the authorization for the implementation of the project on December 26, 2013; and the head of Songpa-gu notified the management and disposal plan under Article 49(3) of the Urban Improvement Act on January 27, 20

B. Defendant B is the owner of the instant apartment No. 77, Dong 301 (hereinafter “instant apartment No. 301”) that belongs to the instant project site, and Defendant C is the owner of the instant apartment No. 101, Dong 108 (hereinafter “instant apartment No. 108”) that belongs to the instant project site.

C. The Plaintiff, upon setting a period from May 2, 2008 to June 27, 2008, issued a public announcement for parcelling-out to its members, and thereafter, received the application for parcelling-out by setting a period from March 10, 2014 to April 30, 2014. The Defendants became a cash liquidation agent on May 1, 2014, as the Defendants did not file the application for parcelling-out until the expiration of the period for application for parcelling-out.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence 1 through 8 (including paper numbers), Eul evidence 1, Eul evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. As the head of Songpa-gu Office for the Plaintiff’s assertion authorized and publicly announced a management and disposal plan on January 27, 2015 and January 29, 2015, the Defendants deliver the instant apartment to the Plaintiff by the date of the public notice of the management and disposal plan pursuant to Article 49(6) of the Urban Improvement Act.