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 on July 29, 2009 in order to implement a housing redevelopment improvement project (hereinafter referred to as the “instant project”) whose business area covers 48,084.40 square meters in Seodaemun-gu Seoul.

The Plaintiff owns 240/718 of the 205 square meters in the instant business area (hereinafter “instant land”). The Plaintiff’s wife E owns 130/718 of the instant land, and the Plaintiff’s self-employed owns 129/718 of the instant land and 60 square meters in G.

The Plaintiff and F filed each application with the Defendant for parcelling-out of newly-built multi-family housing, and the Defendant formulated a management and disposal plan to include F in the subject of parcelling-out and exclude the Plaintiff from the subject of parcelling-out; on January 18, 2016, the Plaintiff and F obtained authorization from the head of Mapo-gu Seoul Metropolitan Government (hereinafter “instant management and disposal plan”).

As of May 11, 2015, the deadline for application for parcelling-out by the Defendant Union, the address under the resident registration card of the E and F is “Incheon-gun H”.

[Ground of recognition] The facts without dispute, Gap's evidence Nos. 1, 2, 3, 8, 9, Eul evidence Nos. 1, 2, 8, 9, and Eul evidence Nos. 1 and 2, and the purport of the whole argument of this case, the plaintiff's co-ownership right holder and representative partner of the land of this case who asserted the plaintiff's legitimacy of the part excluding the plaintiff from the objects of parcelling-out, and the plaintiff, the representative partner, was entitled to parcelling-out application to the defendant.

However, E and F are only one household under the resident registration card, but do not form the same household with different basis of actual residence, and family E and F are one household.

Even if the plaintiff and F did not form one household, the plaintiff should be sold in lots in whole or in part corresponding to the plaintiff's share, separate from F.

Therefore, this is applicable.