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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Defendant is an association that implements a reconstruction project at the area of 39,741.7 square meters in Gangnam-gu Seoul Metropolitan Government, which was established with the authorization to establish an association on October 14, 2003.
The plaintiff is the owner of land, etc. in Gangnam-gu Seoul Metropolitan Government B apartment D located in the project zone, who was dispatched to the vice consul of the U.S. E consul at the time of notification of the application for parcelling-out as follows.
B. On July 4, 2016, the Defendant publicly notified the application for parcelling-out to the members from July 4, 2016 to August 31, 2016, and sent notification of the period of application for parcelling-out to the same purport (hereinafter “ notification of the application for parcelling-out”).
The defendant sent the notification of the application for parcelling-out to the F apartment and G, which is the domicile of the plaintiff who was reported to the defendant at the time, by registered mail.
C. However, the Plaintiff resided in the U.S. as a dispatch relationship prior to June 2013 to February 2017, including the period for which the notice of the application for parcelling-out was sent.
(Specificly, from April 16, 2015 to February 27, 2017, the Plaintiff’s family members had not been staying in the Republic of Korea at all, and refer to the evidence No. 15-1). The Plaintiff’s family members also left the Republic of Korea by the Plaintiff.
Accordingly, the plaintiff failed to receive the notification of the application for the above parcelling-out, and the application for the parcelling-out within the period of the above application for parcelling-out.
The defendant held a general meeting on July 27, 2017, which was after the expiration of the period for application for parcelling-out and decided on the case of granting the right to purchase (25 square meters in reserved land) as an agenda item No. 8. 59 square meters of the remaining 59 square meters (25 square meters in reserved land to the members of the association applying for parcelling-out), and notified 22 of the members of the association including the plaintiff on October 25, 2017 to the effect that "the measures for restoring the status of the members of the association are prepared by the resolution of the general meeting of the members of the association, and the procedures for restoring the status of the members of the association from October 30 to November 10, 2017."
The plaintiff on November 2017.