1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Basic Facts

Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Defendant was a redevelopment association established on May 4, 2007 to implement a housing redevelopment improvement project on March 22, 2007 in the zone designated on March 22, 2007, and publicly notified by the head of Seodaemun-gu Seoul Metropolitan Government of the approval for the implementation of September 4, 2007; the approval for the implementation of the management and disposal plan on April 22, 2008; the approval for the alteration of the management and disposal plan on October 27, 2009; the authorization for the alteration of the management and disposal plan on September 14, 2012; the authorization for the alteration of the management and disposal plan on September 5, 2012; and the authorization for the alteration of the management and disposal plan on April 16, 2013; and the notification for the transfer of ownership on April 23, 2014.

The Plaintiff, who was located in the said redevelopment area, is the owner of Seomun-gu Seoul, Seodaemun-gu G and Sejong-gu, and the colon of 16 square meters and apap, and 16 square meters and 9 square meters of Y ground building owner of H-ground building D, the selected owner of the 1st floor, and the selected E, as the owner of 204 square meters of an Igraly operated 207, respectively. The Plaintiff applied for parcelling-out to the Defendant Association around 2007, and entered into a sales contract with the Defendant Association on December 8, 2009.

Article 36 (1) of the Urban Improvement Act provides that "A project implementer shall make the owners or tenants of housing to be removed due to the implementation of a residential environment improvement project and a housing redevelopment project to temporarily reside in the facilities, such as rental housing, located outside or outside the relevant rearrangement zone, or take measures corresponding to temporary accommodation, such as arranging housing loans, etc. In such cases, a project implementer may temporarily use the facilities or lands of the State, local governments, other public organizations, or individuals, when necessary for the temporary accommodation."

Article 36 (Measures for Resettlement) (1) of the articles of association of the defendant association provides that "a partner to whom a house is removed due to a project implementation among residents in a project implementation district shall expropriate the temporary accommodation facility or arrange a loan for housing funds during the project implementation period."