1. The plaintiff's claim is dismissed.

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

Basic Facts

The plaintiff is a reconstruction association established on July 31, 200 after obtaining permission for establishment on July 22, 2000 with the business district of Yongsan-gu Seoul Metropolitan Government as the business district, and the defendant was the head of the plaintiff's association from the time the plaintiff's establishment was established until February 13, 2015.

Article 4 (Method of Implementation of Projects) ① The plaintiff provides D with land of two lots outside Yongsan-gu Seoul Metropolitan Government, which are owned by the plaintiff and its members, to D, and in return, newly built apartment, commercial building, and auxiliary and welfare facilities are supplied as substitute.

In such cases, the term "land to be provided to D" means land in a state that the plaintiff secured the ownership of and the right to use the land and does not hinder the commencement of D's construction work.

(2) D shall provide the Plaintiff with newly built apartment houses, commercial buildings, and ancillary and welfare facilities on the site referred to in paragraph (1) provided by the Plaintiff according to the terms and conditions approved by the head of Yongsan-gu Office in accordance with the design documents, terms and conditions of the contract, etc. and the construction of construction facilities on the land provided by the Plaintiff, and the remaining construction facilities are sold in general and appropriated from the construction cost

Pursuant to Article 4(1) of the Act, D shall pay to the Plaintiff the exclusive area of 25.7 square meters per household (32 square meters in lots) and the parking area of 18 square meters in lots on the second floor and in design, based on the payment in kind for the previous land or building owned by 56 members of the Plaintiff, and the additional charges shall not be imposed on the Plaintiff.

Article 13 (Support of Business Expenses) (3) Value-added taxes and global income taxes accruing from reconstruction projects shall be borne by D.

Article 20 (General Sale) (1) The object, method, procedure, determination of sale price, collection of sale price, etc. of the remaining construction facilities remaining after the preferential sale to members shall be the business entity and E shall be the responsibility of D.