1. All plaintiffs' lawsuits are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Details of the disposition

An intervenor is a cooperative established to implement the J Housing Redevelopment Improvement Project (hereinafter “instant project”) in Eunpyeong-gu Seoul (hereinafter “instant project zone”) and was authorized to establish an association from the Defendant on July 28, 2009.

The defendant conducted a survey on the feasibility of the project in this case on September 17, 2013, and as a result, the estimated cost rate was 7.07%.

On December 2014, an intervenor publicly announced the period for application for parcelling-out after setting the period for application for parcelling-out from December 31, 2014 to February 28, 2015 after obtaining authorization for the implementation of the project in this case from the Defendant, and publicly announced the period for application for parcelling-out to March 20, 2015. The Plaintiffs, the owners of land in the instant project zone, were eligible for cash settlement because they did not apply for parcelling-out within the period for application for parcelling-out.

On August 20, 2016, the Intervenor: (a) held a general meeting on August 20, 2016, and formulated a management and disposition plan (hereinafter “instant management and disposition plan”); (b) the proportionality ratio in the instant management and disposition plan was 10.04% higher than the previous one

On January 13, 2017, the Defendant approved the instant management and disposition plan to the intervenors, and announced it on January 19, 201.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1 and 5, Eul evidence Nos. 1 and 5, and the plaintiffs' assertion of the purport of the whole pleadings as to the project of this case around September 17, 2013. Although the defendant was subject to ex officio cancellation of a rearrangement zone, the defendant did not make ex officio cancellation, such as going through the residents' opinion investigation procedure according to legal procedure, and did not approve the management and disposal plan of this case.

The estimated cost ratio of the instant project has increased to 100.04% at the time of formulating the instant management and disposal plan from September 17, 2013 to 77.07%. In such a case, the Defendant shall take into account the increase of proportional rates and the circumstances in which many owners of land, including the Plaintiffs, waive the application for parcelling-out based on the previous proportional rate.