1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff completed the registration of the incorporation on June 9, 2009, as a redevelopment association which was authorized by the head of Nowon-gu in Seoul Special Metropolitan City (hereinafter “the head of Nowon-gu”) on June 5, 2009 for the purpose of implementing a housing redevelopment project in the urban renewal acceleration district A with a size of 68,327 square meters in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

B. On November 6, 2014, the Plaintiff received an application for parcelling-out from January 15, 2015 to March 2, 2015, and extended the period of application for parcelling-out on March 3, 2015 to March 22, 2015.

C. On March 23, 2015, the following day after the expiration date of the period, the Defendant was an owner of the land or building incorporated into the above rearrangement project zone and was in the status of the Plaintiff’s partner. The Defendant did not apply for parcelling-out within the period of public announcement of the Plaintiff’s application for parcelling-out and public announcement of extension of the application for parcelling-out, and did not lose its membership and is subject to cash liquidation

) Article 47(1) of the Plaintiff’s Articles of Incorporation and Article 44(4)1 of the Plaintiff’s Articles of Incorporation were included.

The defendant set up a management and disposal plan that designates the plaintiff as a person subject to cash settlement and obtained approval from the head of Nowon-gu on November 14, 2016.

[Reasons for Recognition] Confession (Article 8(2) of the Administrative Litigation Act, Article 150(3) of the Civil Procedure Act)

2. The plaintiff's assertion and judgment

A. According to the Plaintiff’s assertion’s articles of incorporation, the person subject to cash settlement should share a certain portion of the maintenance project cost incurred before he/she loses his/her membership.

The defendant did not file an application for parcelling-out within the period for application for parcelling-out, and thus, on March 23, 2015, the following day after the expiration date of the period for application for parcelling-out, became a person subject to cash settlement

Therefore, the Defendant’s total project cost incurred until March 22, 2015, which is the date of termination of the above application for parcelling-out = 0.164% of the Plaintiff’s project participation rate in KRW 8,043,795,461 = the Plaintiff.