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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Facts of recognition;
A. The Defendant is the Housing Redevelopment and Improvement Project Association established on December 1, 201 with authorization for the establishment of a housing redevelopment and improvement project on the scale of 112,042.7 square meters in Eunpyeong-gu Seoul Metropolitan Government, and the Plaintiff is the owner of Eunpyeong-gu Seoul Metropolitan Government Category D 1 Ground E located in the said project area.
B. A project implementation plan for the above rearrangement project was approved and publicly announced on January 26, 2017, and the Plaintiff applied for the sale within the period of application for parcelling-out (from January 30, 2018 to March 30, 2018), but the Defendant decided on November 15, 2018 that the management and disposal plan including the contents that the Plaintiff is subject to cash settlement at the general meeting of partners.
C. Around April 2019, the Defendant passed a resolution to amend the original management and disposition plan at the general meeting of partners, and obtained authorization from the head of Eunpyeong-gu Seoul Metropolitan Government with respect to the revised management and disposition plan on May 23, 2019.
(hereinafter) The management and disposal plan authorized as above is referred to as “instant management and disposal plan”). D.
Unlike the management and disposition plan decided on November 15, 2018, the instant management and disposition plan determines the Plaintiff as the purchaser.
E. On November 15, 2018, the Plaintiff filed the instant lawsuit seeking revocation of the part of the management and disposition plan against the Plaintiff on December 7, 2018, upon receiving notice from the Defendant that the Plaintiff was determined as a person subject to cash settlement in accordance with the management and disposition plan formulated by the general meeting of partners from the Defendant.
After that, the Defendant is above C.
On May 30, 2019, the management and disposition plan of this case, which made the plaintiff to sell in lots, was amended as stated in the purport of the claim.
[Reasons for Recognition] No dispute exists or is obvious to this court, Gap evidence Nos. 1 through 8, 21 (including the number of branches), Eul evidence Nos. 2 through 4, the purport of the whole pleadings
2. As acknowledged earlier, the management and disposal plan of this case sets the Plaintiff as a seller who is not a person subject to cash settlement.
Therefore, the Plaintiff.