The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

In accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), the defendant is a cooperative established to implement a housing redevelopment improvement project in Seongbuk-gu Seoul Metropolitan Government 80,145 square meters (hereinafter referred to as the "project area in this case").

The defendant obtained the authorization from the head of Seongbuk-gu Seoul Metropolitan Government to establish an association on July 30, 2008, the authorization to implement the project on July 21, 2009, the authorization to revise the association on March 14, 2013, the authorization to revise the establishment on February 24, 2015, the authorization to implement the project on February 25, 2015, and the authorization to revise the establishment on February 26, 2015.

The proviso of Article 9(2) of the Defendant’s Articles of Incorporation provides that “only where a building is an unauthorized building under Article 5 of the Addenda to the Seoul Special Metropolitan City Ordinance on the Improvement of Urban Areas and Residential Environments and the Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, and it proves that the building is its own, the owner of the unauthorized building shall be recognized as its member,” and Article 45 of the same Act provides for the criteria for the recognition of the preferential purchase right of the building owner who occupies and uses the State-owned land in the project area under

[Reasons for Recognition] Facts without dispute, entry of Eul evidence 12, and entry of the whole purport of pleading in the attached Form of the relevant statutes.

Plaintiff

The main point of the argument is that the Plaintiff owned a building without permission on the ground of Seongbuk-gu Seoul Metropolitan Government D Land (hereinafter referred to as “instant land”) within the instant business zone since 1960, and thus, the Plaintiff has the status as a member of the Defendant.

The plaintiff asserted that he/she is the owner of an unauthorized building in Seongbuk-gu Seoul Metropolitan Government G ground, and that he/she has the status of the defendant's member during the lawsuit, and it is revealed that the owner of the above land is only the plaintiff and the same person while the lawsuit is pending, not the same person.