Of the part against the defendant in the judgment of the court below, the additional dues due to the delay and damages for delay.

The grounds of appeal are examined.

1. According to Article 47 subparagraph 2 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “Urban Improvement Act”), a project implementer for a housing redevelopment improvement project shall liquidate land, buildings or other rights in cash within 150 days from the date of falling under the application for parcelling-out to the owner of land, etc. who has withdrawn the application for parcelling-out in accordance with the procedures prescribed by the Presidential Decree. The term “person who has withdrawn the application for parcelling-out” referred to in this context refers to the person who has withdrawn the application for parcelling-out within the period of application for parcelling-out, but voluntarily withdrawn the application after the expiration of the period of application for parcelling

However, where the articles of incorporation or management and disposal plan of a project implementer requires members to conclude a contract for parcelling-out within a certain period after the expiration of the period for application for parcelling-out, and the purpose of settling the contract in cash is to liquidate its rights for the land owners, etc. who were members of the project implementer, it is additionally given an opportunity to leave the project by refusing to conclude the contract for parcelling-out within the relevant period, so the owner of the land, etc. who applied for parcelling-out does not conclude the contract for parcelling-out within the execution period after the expiration of the period for application for parcelling-out or the project implementer does not intend to conclude the contract for parcelling-out after the expiration of the

(see, e.g., Supreme Court Decision 2008Da91364, Jul. 28, 2011). In light of the above legal doctrine and the record, the lower court’s application period has expired.