1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Defendant is an association that implements a housing redevelopment improvement project in Eunpyeong-gu Seoul Metropolitan Government Group C (hereinafter “instant rearrangement zone”), and the Plaintiff is the owner under the Eunpyeong-gu Seoul Metropolitan Government Down Housing E in the instant rearrangement zone and is the Defendant’s member.

B. The defendant publicly announced the application for parcelling-out, sent an instruction on the application for parcelling-out to its members individually by registered mail, and the plaintiff did not apply for parcelling-out within the period of application for parcelling-out.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The gist of the plaintiff's assertion is that "the plaintiff is eligible for cash settlement because he/she did not file an application for parcelling-out within the period of application for parcelling-out, and is disqualified for membership." However, since the plaintiff was in a prison from March 22, 2017 to March 22, 2019, the plaintiff was unable to receive an instruction on the application for parcelling-out dispatched by the defendant, and therefore, the defendant did not file an application for parcelling-out within the period of application for parcelling-out, so it is improper to classify the plaintiff as a person subject to cash settlement, and the plaintiff

3. An ex officio determination on the legitimacy of the instant lawsuit is that the rights to land and buildings created by implementing a rearrangement project based on the details of the application for parcelling-out from the association members shall be allocated to the union members and the general public in accordance with certain standards. Once it becomes final and conclusive through authorization and public notice, it constitutes an independent administrative disposition with binding force on interested parties (see, e.g., Supreme Court Decision 2015Du51347, Dec. 15, 2016). If a union member fails to file an application for parcelling-out or parcelling-out with respect to the newly constructed housing due to a rearrangement project, he/she becomes a person subject to cash settlement and loses his/her membership