Text
1. The plaintiff confirms that he is a person subject to cash liquidation regarding the B-Housing Redevelopment Improvement Project implemented by the defendant.
2...
Reasons
1. Basic facts
A. The Defendant is a housing redevelopment and rearrangement project association that obtained authorization to establish a housing redevelopment and rearrangement project on December 31, 2008 in order to implement a B-house redevelopment and rearrangement project within the area of 91.842 square meters (hereinafter “instant rearrangement zone”).
B. The Plaintiff was a member of the Defendant, who owned the above D, E, F, G, H, I land and its ground buildings within the instant rearrangement zone.
C. The Defendant received an application for parcelling-out from an association member from September 26, 2017 to November 18, 2017 after obtaining authorization to implement a project on December 11, 2015, and obtaining authorization to alter the project implementation on August 21, 2017.
The plaintiff filed an application with the defendant for the sale of 101-type 1 households, 59A-type 1 households and neighborhood living facilities among apartment units subject to sale within the period of the above application for parcelling-out.
E. On March 28, 2018, the Defendant decided on a management and disposition plan based on the application for parcelling-out by its members, and the same year.
8. 28. Authorization of the management and disposal plan was received.
F. Notwithstanding the application for parcelling-out, the Plaintiff did not conclude a contract with the Defendant within 60 days after the approval of the management plan.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings
2. Judgment on the plaintiff's claim
(a) The details of the relevant statutes are as shown in the attached statutes;
B. As to Article 44(4) and (5) of the Defendant’s articles of incorporation, Article 47 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017), the Defendant’s articles of incorporation provides that “any partner who fails to apply for parcelling-out, or who withdraws the application for parcelling-out before the expiration of the period for application for parcelling-out shall liquidate the building or other rights in cash,” and Article 44(4) and (5) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567,
Therefore, it is true.