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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court of first instance’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except where the court added a new judgment on the plaintiff’s new argument at the trial of the court of first instance pursuant to Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Plaintiff’s assertion entered into the instant sales contract with the Defendant in accordance with the instant management and disposition plan with the approval from the mayor of Namyang-ju on December 31, 2007 (the estimated maintenance rate of 97%). On February 25, 2012, the Defendant decided to revise the management and disposition plan with the content of reducing the estimated expenses rate from 97% to 72.62% at the general meeting of partners, etc., and obtained authorization from the mayor of Namyang-ju on May 24, 2012.
If the main parts of the previous management and disposition plan are substantially changed, the sales contract of this case concluded in accordance with the previous management and disposition plan shall be deemed null and void or null and void. Since the plaintiff did not conclude a sales contract in accordance with the new management and disposition plan, the plaintiff constitutes a person subject to cash settlement as stipulated in Article 43(4)1 of the defendant's articles of incorporation.
B. (1) Determination (1) A management and disposal plan formulated by a reconstruction project association pursuant to Article 48 of the Act on the Improvement of Urban Areas and Dwelling Conditions as an administrative main agent by prescribing matters concerning the reversion of rights to a site or building created as a result of the implementation of a rearrangement project and matters concerning the apportionment of expenses among the association members, etc., thereby affecting the property rights and obligations of the association members, etc. As such, it constitutes an independent administrative disposition that is conducted by a reconstruction project association as a binding administrative plan (see, e.g., Supreme Court en banc Decision 2007Da2428, Sept. 17, 2009). The