초과분담금 반환청구
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Plaintiffs owned 1/4 shares of Y-4 of the first floor of the Y-based building X-based (hereinafter “instant building”) prior to reconstruction.
around July 201, the owners of the instant building, including the Plaintiffs and the Defendants, other than the Defendant WW Reconstruction Committee (hereinafter referred to as the “Defendant Committee”), established the Defendant Committee to promote a reconstruction project (hereinafter referred to as the “instant reconstruction project”) by holding an inaugural general meeting and newly constructing and selling the instant building at the rate calculated in accordance with the ratio of sectional ownership, etc., in which the size of the previous store owned by reconstruction of the instant building is equivalent to the size calculated by applying a certain reduction rate to the size of the previous store and the profits of the reconstruction project are to be distributed (hereinafter referred to as the “instant business agreement”), and the profits of the reconstruction project are to be distributed at the rate calculated in accordance with the ratio of sectional ownership, etc., previously owned by the previous owner.
The remaining Defendants except the Plaintiffs and the Defendant Committee are members of the Defendant Committee.
B. According to the management and disposition plan of the reconstruction project of this case, the size of the store to be allocated to the plaintiffs in the new commercial building of this case was 174.22. However, in the design process of the new commercial building of this case, the plaintiffs could not be allocated a wide size of the store.
Accordingly, on December 15, 2014, between M and M, the Plaintiffs, who was the representative of the Defendant Committee, drafted a letter of undertaking with the following content (hereinafter “instant letter of undertaking”) (hereinafter “instant letter of undertaking”).
For the W reconstruction project, it is recognized that the classification area of Y is equally applied as the store size of existing sectional owners reduces at a certain ratio.
Y, however, the location of distribution after new construction has been reduced.