1. The plaintiff has the right to purchase multi-family housing constructed by the defendant as a housing redevelopment project B.

1. Facts of recognition;

A. The Defendant is a housing redevelopment and rearrangement project association established to implement a housing redevelopment project in the area of 104,360 square meters in Busanjin-gu, Busan (hereinafter “instant rearrangement zone”). From December 12, 1973, the Plaintiff owned a total of 31.5 square meters in Busan Jin-gu, Busan and 2.9 square meters in total, located within the instant rearrangement zone (hereinafter “instant land”).

B. F-owned land in connection with the instant land, and the sum of 41 square meters and 14.2 square meters in Busan-gu Busan-gu, Busan-do, and H 14.2 square meters had difficulty in independently constructing a house, and the Plaintiff and F-owned a two-story house (hereinafter “instant house”) on the same land on September 30, 1991.

C. From December 4, 2014 to January 5, 2015, the Plaintiff unilaterally applied for parcelling-out to the Defendant. However, the Defendant rejected the Plaintiff’s application on the grounds that the Plaintiff did not have a house, including the applicants for parcelling-out pursuant to the proviso to Article 22(1)2 of the Busan Metropolitan City Ordinance on the Maintenance of Urban Areas and Dwelling Conditions for Residents (hereinafter “Ordinance on Maintenance”), and that the Plaintiff alone did not have a sale qualification pursuant to Article 22(2)3.

On the other hand, F separately purchased an I large scale of 7 square meters around December 30, 2014 and owned a lot of 60 square meters or more including 5.2 square meters in the instant adjacent site, and became a purchaser of multi-family housing created by the housing redevelopment project in the instant improvement zone.

[Ground for recognition] Unsatisfy

2. The assertion and judgment

A. According to Article 22(1)1 of the Plaintiff’s Ordinance on the Improvement of Claims, “the owner of a house (including an existing unauthorized building and a building actually used for residence) among the previous buildings shall be eligible for sale.” Thus, it is true that the owner of a small unauthorized building is also an owner of the building.