1. The Plaintiff among the management and disposal plans authorized by the head of the Dong-gu Gwangju Metropolitan City on July 27, 2018.

1. Details of the disposition;

A. The Defendant is an association that implements a B-Housing Redevelopment Project with the area of project district of 126,43.6 square meters in Dong-gu in Gwangju-gu, Gwangju-gu, as the project implementation district. The Plaintiff is an owner of the 9m2 in Gwangju-dong D-gu, Gwangju-gu, 9m2 in the said project implementation district, cement tank, cement tank, 35.7m2 in the ground, cement block structure, cement block structure, and cement block structure and 6.28m28m2 in the area of the said project.

B. On March 23, 2017, the Defendant sent a written notice of application for parcelling-out to inform the Plaintiff of the application for parcelling-out from March 22, 2017 to May 20, 2017 for parcelling-out at the housing area reported to the Plaintiff’s address on the Mutual-Aid List, but the said notice was not served on the Plaintiff and returned to the Defendant, and the Defendant did not additionally send a general mail to the Plaintiff.

C. Since then, the Defendant extended the period for application for the above application for parcelling-out from May 21, 2017 to May 30, 2017, but such notice was not sent to the Plaintiff.

The defendant shall establish a management and disposal plan that designates the plaintiff as a person subject to cash settlement (hereinafter referred to as the "management and disposal plan of this case") and obtain authorization from the head of the Dong-gu Gwangju Metropolitan City on July 27, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 5 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 1, 2, and 6, the purport of the whole pleadings

2. The plaintiff failed to apply for parcelling-out since the defendant alleged by the plaintiff violated his duty to faithfully notify the application for parcelling-out.

Therefore, the part of the management and disposal plan of this case which designates the plaintiff as the object of cash settlement is illegal.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. Procedures such as notification of the application period for parcelling-out under Article 46(1) 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; hereinafter “Urban Improvement Act”) are to the owners of lands, etc. within the redevelopment area.