1. The plaintiff's claim is dismissed.

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

1. The Defendant is a project implementer of an urban environment improvement project for which the authorization for project implementation has been granted under Article 28(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) from Ansan-si on July 24, 2015 (hereinafter “Urban Improvement Act”); and the Plaintiff is a sectional owner of land C and an aggregate building on the land of the Gu during the Gyeyang-si period within the instant project zone.

[Ground of recognition] A without dispute, entry of Gap evidence No. 4, purport of whole pleadings

2. The plaintiff's assertion

A. On November 14, 2015, the Plaintiff filed an application with the Defendant for the sale of a household equivalent to 72 square meters of the exclusive area among the apartment buildings to be constructed as a result of the instant project implementation (hereinafter “instant apartment buildings”), and the Defendant received the application for sale again between the Plaintiff and the Plaintiff’s unawareness, and on December 2016, the Defendant designated the Plaintiff as a person subject to cash settlement rather than the buyer of the said apartment buildings.

B. Even if the Plaintiff withdrawn the application for parcelling-out to the Defendant on February 15, 2016, as alleged by the Defendant, if the Defendant, on December 17, 2016, sells preferentially the reserved land equivalent to 1% of the total number of households of the instant apartment to the members of the cash liquidation association (person subject to cash liquidation) who are in the same position as the Plaintiff on December 17, 2016, the Plaintiff has the right to purchase the instant apartment without a resolution of the general meeting.

C. Therefore, the Plaintiff seeks confirmation of the Defendant’s membership status against the Defendant.

3. To make entries in the attached statutes concerned;

4. Determination

(a) Members who have become subject to cash settlement because they fall under the requirements prescribed by Article 47 of the Urban Improvement Act and the articles of association of the association by failing to apply for parcelling-out in the housing redevelopment improvement project or withdrawing the application for parcelling-out, etc.

(see, e.g., Supreme Court Decision 2014Du39593, Jul. 23, 2015). In such a case, a partner loses his/her status.