The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. In light of the background of the disposition, the Defendant is a cooperative implementing a housing redevelopment project after obtaining approval of a project implementation plan on October 28, 2016 for the purpose of implementing a housing redevelopment project on October 28, 2016 to the housing redevelopment project (hereinafter “instant rearrangement zone”). The Plaintiff is the owner of 2nd E-1m2, 43.1mm2 (hereinafter “instant real estate”) among multi-household multi-household housing with 4th lux in luminous-si in the instant rearrangement zone.

On April 10, 2017, the defendant publicly announced the application for parcelling-out to the members and received the application for parcelling-out from April 11, 2017 to June 9, 2017, and the plaintiff did not apply for parcelling-out.

Since June 9, 2017, the defendant issued an extension announcement of the application period for parcelling-out to extend the period from June 10, 2017 to June 29, 2017.

The plaintiff did not apply for parcelling-out within the extended period.

The defendant shall establish a management and disposal plan based on the details of application for parcelling-out, etc., and decided at the general meeting of the association members on May 29, 2018, and applied for authorization of a management and disposal plan to the Gwangju Metropolitan City Mayor on November 9, 2018.

(hereinafter referred to as the “management and disposition plan of this case”). According to the management and disposition plan of this case, the plaintiff is classified as a person subject to cash settlement because the plaintiff did not apply for parcelling-out.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence (including additional evidence; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the management and disposal plan of this case is legitimate

A. The Plaintiff’s assertion failed to apply for parcelling-out as a result of being individually notified by the Defendant in the course of implementing a housing redevelopment project, and such procedural defect is a mandatory provision under Article 46(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).