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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Defendant is a housing reconstruction association which obtained authorization for establishment of a housing association from the head of Dongdaemun-gu Seoul Metropolitan Government on August 20, 2002 for reconstruction of 18 units of apartment houses and 2 units of commercial buildings in D apartment 2 complexes constructed on the ground of 38,026.1 square meters in Dongdaemun-gu Seoul Metropolitan Government. 2) The Plaintiff is a sectional owner who owns real estate listed in the attached list among the rebuilding project implementation districts, and is a commercial member.
B. On August 19, 2004, the Defendant: (a) obtained project implementation authorization from the head of Dongdaemun-gu Seoul Metropolitan Government on August 19, 2004; (b) formulated a management and disposal plan by holding an extraordinary general meeting on November 20, 2004; and (c) obtained the authorization from the head of Dongdaemun-gu Seoul Metropolitan Government on January 7, 2005 (hereinafter “the first management and disposal plan”).
(2) On September 21, 2007, some of the members of the commercial building including the Plaintiff filed a lawsuit against the Defendant seeking confirmation of invalidity of the first management and disposal plan (Seoul Administrative Court 2007Guhap36374). On November 21, 2008, the above court rendered a ruling that the first management and disposal plan related to the commercial building is invalid on the grounds that Article 48(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) is not included, and the Defendant filed an appeal (Seoul High Court 2009Nu43), and the final appeal (Supreme Court 2010Du4407) but all of the said ruling was dismissed, which became final and conclusive around December 9, 2010.
C. As the first management and disposition plan becomes null and void, the Defendant: (a) held an extraordinary general meeting on January 15, 2012; and (b) formulated a management and disposition plan including a management and disposition plan concerning commercial buildings by re-making a new plan; and (c) on April 6, 2012, the head of Dongdaemun-gu Seoul Metropolitan Government.