1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

This part of the reasoning of the judgment of the court of first instance is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act

2. The plaintiff alleged that the plaintiff did not know the death and inheritance of the deceased, but did not notify the plaintiff as well as other co-inheritors of lawful application for parcelling-out, etc., so the plaintiff still has the right to sell the apartment in the redevelopment project of this case as the defendant's member.

3. Judgment on the plaintiff's assertion

A. Article 46(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “A project implementer shall notify the outlined details of charges and the period for application for parcelling-out within 60 days from the date of public announcement of project implementation, and publicly notify the details of a site or structure subject to parcelling-out in a daily newspaper published in the relevant area.” Article 46(2) provides that “The owners of land, etc. who intend to parcel-out shall apply for parcelling-out to the project implementer within the period for application for parcelling-out under paragraph (1).” Article 47(2) of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Presidential Decree No. 28628, Feb. 9, 2018; hereinafter the same) shall specify the details of ownership in the application for parcelling-out,

Meanwhile, Article 19(1)1 of the former Act provides that “The members of a rearrangement project shall be owners of a plot of land or structure, but if the ownership and superficies of the land or structure belong to several co-ownerships, one representative of such owners shall be deemed to be the members.”