1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

The defendant is a cooperative established to implement an urban environment rearrangement project (hereinafter referred to as the "project of this case") in Mapo-gu Seoul Metropolitan Government, and the plaintiff is the defendant's member who owns the commercial buildings in the business area of this case.

Pursuant to Article 30(2) of the Seoul Metropolitan Government Ordinance on the Improvement of Urban and Residential Environments (hereinafter “Urban Improvement Ordinance”), the Defendant formulated a management and disposal change plan containing the following standards for the supply of commercial buildings (hereinafter “instant supply standards”) on August 17, 2017 (hereinafter “instant management and disposal change plan”), and obtained authorization from the head of Mapo-gu Seoul Metropolitan Government on November 9, 2017.

Article 9 of the Standards for Amendment to Management and Disposal Plan of this case (Plan)

3. Incidental and welfare facilities, such as commercial buildings, shall be supplied as of the following order as of the base date of the management and disposal plan:

1) First priority: Business registration (including authorization, permission, reporting, etc.) is a facility the use of which of the previous building is identical or similar to that of the sale building;

For the purposes of this paragraph:

(ii) the value of the right (where a multi-family housing is sold in lots, excluding the selling price thereof) as the owner of the building which has completed the contract.

For the purposes of this paragraph:

2)The second order: the owner of a building the use of which of which is the same as or similar to the use of the previous building for sale and the value of which is more than the estimated value of the least sale unit of the building for sale, if the same order of priority under any of the above subparagraphs is competition, then the right shall, in principle, be allocated in the order of a large amount of the value of the building for sale (as a rule, the size equivalent to the value of the right shall be equal to the value of the building for sale, and if a separate method is determined through consultation with the persons eligible for sale for commercial buildings

The plaintiff has filed an application for parcelling-out with the defendant during the period of application for parcelling-out of the project and approved the management and disposal plan of this case.