1. The plaintiff's claim is dismissed.

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

Details of the disposition

The defendant is a cooperative established to implement B housing redevelopment improvement project (hereinafter referred to as the "maintenance project of this case") implemented in the area of 250,983 square meters in Nam-gu Busan Metropolitan City, Nam-gu, Busan, and obtained authorization for the establishment from the Nam-gu Busan Metropolitan Government Office on October 12, 2007.

The Plaintiff is a corporation engaging in real estate sale and lease business, real estate investment and construction development service business, and owns each of 334 square meters and 1,244.86 square meters and 84.86 square meters and 84.86 square meters and 24.86 square meters and 7.49 square meters and 52.47 square meters and 2 housing units, 79.27 square meters and 22.47 square meters and 22.47 square meters and 3 members of the Defendant Union are members of the Defendant Union.

On July 12, 2017, when the project implementation authorization was publicly notified by the Nam-gu Busan Metropolitan Government Office for the improvement project of this case, the defendant, from September 8, 2017 to November 16, 2017, received the application for parcelling-out from the association members for parcelling-out and sent the guidance for applying for parcelling-out to the association members stating the following purport:

A neighborhood living facility (hereinafter referred to as "floor") shall sell one story (Fho-Ga), two stories (H-I), and one story (Jho-ho-ho-ho) above ground (Jho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho, 2740.6238 square meters of neighborhood living facilities, and two stories (Jho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-si)

Article 24 of the former Busan Metropolitan City Ordinance on the Maintenance of Urban and Residential Environments (wholly amended by Ordinance No. 5788, Jul. 11, 2018; hereinafter referred to as the "Gu Ordinance on the Maintenance of Urban and Residential Environments") shall apply to the sale order and qualification of members for the sale of commercial buildings. Article 39 of the Ordinance on the Maintenance of Urban and Residential Environments of Busan Metropolitan City shall apply