1. The Plaintiff among the management and disposal plans authorized by the head of Seongbuk-gu Seoul Metropolitan Government on April 24, 2014.

1. Details of the disposition;

A. The Defendant is a cooperative that implements a housing redevelopment project in Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government 104,979,30 square meters. The Plaintiff is a person who owns land and buildings in Seongbuk-gu Seoul Metropolitan Government D within the said project area.

B. The Defendant, on March 24, 2013, established a management and disposition plan (hereinafter “instant management and disposition plan”) designating the Plaintiff as a person subject to cash settlement on the ground that the Plaintiff failed to apply for parcelling-out by March 24, 2013, the period for filing applications for parcelling-out, and the head of Seongbuk-gu Seoul Metropolitan Government Office approved the above management and disposition plan on April

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the defendant did not notify the plaintiff of the period for application for parcelling-out before formulating the management and disposal plan of this case. Thus, the part of the management and disposal plan of this case which determined the plaintiff as a person subject to cash settlement

(b) Entry in the attached statutes of the relevant statutes;

C. 1) Legal principles related to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(1) The procedure for notification of the period for application for parcelling-out under Article 46(1) is an essential procedure to establish a management and disposal plan under Article 48(1) of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents as an order to guarantee the owner of land, etc. within the redevelopment area to apply for parcelling-out, and the redevelopment association, which is a project implementer, notifies of the application for parcelling-out in accordance with the provisions of the Act on the Maintenance of Urban Areas and the articles of association of the redevelopment association established by the delegation. As such, the management and disposal plan, which was conducted without following the procedure for such notification, is unlawful (see, e.g., Supreme Court Decision 2008Du14340, Jan. 27, 201).