[2] The case holding that the reconstruction association's conclusion of a contract with the contractor for the construction project without any condition that it distributes an amount in excess of 10% of the expected proceeds from the sale of apartment units in general to the union members unlike the contents of the rebuilding resolution is a modification of the cost sharing under the rebuilding resolution

[3] The case holding that the management and disposal plan based on the resolution of the general meeting of the management and disposal to resolve the agenda containing a substantial change in the matters concerning the apportionment of expenses as stipulated in the rebuilding resolution is null and void since the provision of Article 20 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents should apply mutatis mutandis to the resolution of the general meeting of the management and disposal to resolve the agenda including a substantial change in the matters concerning the apportionment of expenses, and therefore

[2] The case holding that if the expected revenues from sale in lots exceed 10% in return for the increase in the project cost when the rebuilding resolution adopted the fixed shares system and the increase in the project cost, the construction project bears the burden of the construction project and the proceeds from sale in lots exceed 10%, the association members should be allocated the excess amount, and the rebuilding association concluded a contract regularly with the construction project and concluded the construction project, and if the expected revenues from sale in lots exceeds 10% in return for the increase in the project cost, the association members’ allocation conditions for the excess amount shall not be deemed to have been modified as it increases the association

[3] The case holding that the management and disposal plan based on the resolution of the general meeting for the resolution of the management and disposal to resolve the agenda containing a substantial change in the matters concerning the apportionment of expenses as stipulated in the rebuilding resolution shall be deemed to require the consent of not less than 2/3 of the union members by analogy to the provisions of Article 20 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, so the resolution which does not reach 2/3 of union members

2. On May 10, 2005, the part of the management and disposal plan approved by the head of Seocho-gu Seoul Metropolitan Government concerning the apportionment of reconstruction costs is invalid.

3. Of the costs of lawsuit, 30% is assessed against the plaintiffs, and the remainder is assessed against the defendant.

On February 5, 2005, the defendant's resolution on the case of the management and disposal plan (the proposal) resolution, which is the agenda item No. 4 at the meeting of the shareholders' management and disposal on February 5, 2005, is invalid.

2. First preliminary purport of claim

Paragraph 2 of this Article.

3. Claim of the second preliminary claim

The part concerning the apportionment of reconstruction expenses among the management and disposal plans authorized by the head of Seocho-gu Seoul Metropolitan Government on May 10, 2005 shall be revoked.

A. Status of the parties

The defendant holds the inaugural general meeting of the reconstruction association on November 10, 201 with the members of the sectional owners of △△ apartment and commercial building supporting the reconstruction for the purpose of implementing the housing reconstruction project in Seocho-gu Seoul Metropolitan Government (hereinafter referred to as the "Seo-gu") and then held the reconstruction association on June 13, 2003 pursuant to the former Housing Construction Promotion Act (amended by Act No. 6916 of May 29, 2003 and enforced from November 30, 2003; hereinafter referred to as the "Housing Construction Promotion Act"), the housing association was authorized by the head of Seocho-gu Seoul Metropolitan Government on June 13, 2003, and the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 7392 of March 18, 2005; hereinafter referred to as the "Urban Improvement Act") as the members of the reconstruction association and the plaintiffs of △△△ Housing Association are the members of the apartment association.

(b) Reconstruction resolution at its inaugural general meeting;

On November 10, 2001, the Defendant Union held a rebuilding resolution (including a business plan), the association rules and approval of regulations, the association president and executive officers, the selection of a contractor and the conclusion of a contract, etc. on an agenda item, and the major contents of the rebuilding resolution passed at the inaugural general meeting of the association (hereinafter referred to as the “instant inaugural general meeting”). The following are as follows.

(i) The outline of the construction of new buildings;

(based on the "Plan for Determination and Public Notice of Master Plan for Distribution District Development", and is determined at the time of approval of a project plan)

본문내 포함된 표 대지면적 건축연면적 및 규모와 세대수 용적률 복리시설(상가) 건축 연면적 층수 동수 아파트세대수 25평형 38평형 42평형 55평형 60평형 66평형 72평형 합계 248,541.80㎡(75,183.50평) 809,637.86㎡(244,915.5평) 지하2층, 지상25층 ？ 1,024 300 500 300 650 590 47 3,411 270% 18,500㎡

(2) Estimated cost of removal and new construction of the building

approximately KRW 828,863,00,000 in total (i.e., removal and construction cost of approximately KRW 649,027,00,000 in + approximately KRW 179,836,00,000 in total for other project costs)

The estimated project cost was calculated by estimating the expected project cost, can be modified according to the selection of the contractor and the contract, and it is determined at the time of occupancy and liquidation.

(3) Matters concerning the apportionment of expenses for the removal of buildings and construction of new buildings

In accordance with the current regulations of the Association, the following expenses shall be fairly apportioned according to the share of land in the housing-type ownership, the disposal and disposal shall be carried out provisionally, and the charges shall be finally determined at the time of liquidation:

(A) The project implementation method shall be in a fixed share system.

(B) The calculation of the amount of rights of the union members to determine the amount of contribution shall be determined at the general meeting for the formulation of a management and disposal plan in accordance with the provisions of the rules of the defendant association.

(1) Calculation of contributions from members of multi-family housing units.

Where a resolution is adopted to implement a project by the final shares system: Liability for expenses shall be based on the amount of shares of rights (free shares) presented by the Corporation in the selection of a construction project and the amount of shares to be borne by sales volume

(2) Calculation of shares of its members, including commercial buildings.

The calculation of shares of divided owners of commercial buildings shall follow the management and disposal plan separately from the amount proposed by the contractor.

(4) Estimated amount of charges for each type of occupancy of a newly-built multi-family housing unit;

The estimated project cost was calculated on the basis of the provisional design proposal, and it may be modified according to the approval of the project plan, the selection of the contractor and the contract.

The amount of right per square meter of the former members of the association included in the main sentence of 20,313,00 won (the average of 20,235,00 won in the materials of inaugural general meeting) appears to be a clerical error in the calculation: 20,313,00 won: the 16-type apartment site shares (average) of 20.447 square meters: 31.947 square meters: the 415,300,300,000 won: the estimated amount of KRW 648,940,940,630,6067, 607, 607, 607, 607, 608, 607, 605, 607, 607, 605, 607, 607, 6005, 607, 607, 6008, 6006, 607

(5) Matters concerning the reversion of divided ownership of a newly constructed building: It shall conform to Chapter VII (Management and Disposal Plan) of the Regulations of the Association.

(A) Apartment house: The decision on the settlement of apartment unit shall be made by the association members' application for parcelling-out, and shall be made at the time of the establishment of a management and disposal plan in accordance with the association regulations, such as the decision on the settlement of unit units and the decision on the settlement of unit units

(B) Commercial buildings: Determination of the area and number of lots shall be based on the application for parcelling-out, and where there are concurrent cases and a flat sentence is the same, it shall be determined at the time of formulating a management and disposal plan in accordance with the association regulations.

(c) Matters concerning the disposition of surplus allotment: The apartment buildings and the ancillary and welfare facilities, including commercial buildings, remaining after the sale to the association members, shall be sold in accordance with the provisions of the Housing Supply Rules, and the sale amount shall be appropriated in preference to

(d) Matters concerning the allotment of land: Land of a new building shall be given as co-owned shares, but the ratio shall be governed by the Act on Ownership and Management of Condominium Buildings.

C. Selection of a contractor and conclusion of a contract for construction work at the inaugural general meeting of this case

(1) At the instant inaugural general meeting, the “case of the selection of the contractor and the delegation of the conclusion of a contract” was presented, and Nonparty 1, Nonparty 2, and Nonparty 3 competing with the candidate for the contractor. As a result of voting, Nonparty 1, 117, Nonparty 2, 967, Nonparty 31, and 120 were selected as the contractor. Nonparty 1 corporation was selected as the contractor at the non-party 1 corporation. The subsequent contract with the contractor was deliberated and resolved by the board of representatives, and the partnership was delegated by the president so that it can be the representative contract.

(2) On September 6, 2002, the Defendant Union entered into a construction contract with Nonparty 1 Company (hereinafter “instant provisional contract”) and the main contents thereof are as follows.

Article 2 (Scope of Construction Work)

The scope of construction works to be executed by the non-party 1 corporation shall be the scope of construction works, such as the removal of the existing building on the land provided by the defendant association, and the apartment and auxiliary and welfare facilities (including the approval of modification; hereinafter the same shall apply) on the housing construction project plan approved by the head of the competent local government on the same site.

Article 4 (Method of Implementing Projects)

① The Defendant Union shall provide the non-party 1 corporation with the land owned by the members of the Defendant Union and the Seocho-gu Seoul Metropolitan Government (hereinafter omitted) as a substitute for the apartment and its ancillary facilities newly constructed in return. In such cases, the land to be provided to the non-party 1 corporation refers to the land in a state that the Defendant Union has secured the ownership of the land and the right to use the site, and does not interfere with the commencement of construction works

② Nonparty 1 Co., Ltd., in the instant project site provided by the Defendant Union, input necessary construction costs and project expenses (hereinafter “construction expenses”) in accordance with the design documents, terms and conditions of the contract, proposal for project participation, etc. approved by the head of the competent local government (hereinafter “construction project expenses”), provide the Defendant Association and the Defendant Association’s members with newly-built apartment under the conditions of payment in kind, and the remaining construction facilities shall be appropriated from the construction expenses by general sale in lots, and the remaining construction expenses shall be appropriated from the construction expenses. Nonparty 1 Co., Ltd may not additionally claim against the Defendant Association and the Defendant Association’s members for the shortage of construction expenses even in cases where the general sale price

Article 5 (Criteria for Performance by Substitutes)

(1) The criteria for payment in kind for newly-built apartments and welfare facilities for the previous land or buildings owned by a member of the defendant's association (free compensation criteria) shall be as specified in attached Table 1 (see attached Table 1).

Article 20 (General Sale in Lots)

(4) Where the remainder of an apartment unit remaining after preferentially selling to the members of the defendant's association increases in excess of 10% of the total amount of the general sale price (the value-added tax plus the value-added tax) by the general sale price in attached Form 1 (see the following paragraph 4) when selling the remaining apartment unit in general, the difference in excess of 10% shall be the profits of the members of the defendant's association and the defendant's association, and the non-party 1 corporation shall refund the excess profits to the defendant's association and the members of the defendant's association.

Article 28 (Change of Construction Work)

② In any of the following cases, the non-party 1 corporation may request the defendant association to change the construction work within the scope of relevant statutes, such as the Housing Construction Promotion Act and the Building Act, and the defendant association and the non-party 1 corporation shall change the construction work after consultation:

iii. Where an inevitable situation, such as change of governmental policy or administrative order, occurs, regardless of the cause attributable to Nonparty 1 corporation.

Article 29 (Adjustment of Amount of Gratuitous Right)

1. In any of the following cases, the non-party 1 corporation shall give written notice thereof to the defendant association, and the defendant association and the non-party 1 corporation shall adjust the amount of free shares of members under Article 5 by mutual agreement:

i. Where there is a change (including a change in floor area ratio) in the construction project under article 28, paragraph 2, iii.

ii. Where a modification is made at the request of the defendant association;

iii. Maximum increase by at least 10 percent of the total value of the general sale in the participation proposal.

(3) At the time of the instant provisional contract, Nonparty 1’s free share amount and the shares of the members of the apartment association to be sold to the members of the Defendant association are as listed in paragraph (4) below. While the sale price for the shares of the association members is variable, the general sale price for the remaining apartment units, excluding the shares of the association members, shall be the amount calculated by adding the value-added tax to the unit sale price of the association members, but if the general sale price exceeds 10% of the initial amount due to the increase in the unit sale price of the company and the increase in the unit sale price of the company, the amount exceeding 10% should be refunded to the Defendant association and the members of the Defendant association. The rights of the members of the Defendant association were higher than 20,313,000 won, which is the amount of right at the time of the instant rebuilding resolution.

(4) The content of the instant provisional contract “attached Form 1” is as follows.

1. Standards for payment in kind:

Unit: Yingwon

본문내 포함된 표 소유지분 구 분 조합원분양면적 25.89평 40.05평 47.03평 54.02평 58.26평 63.19평 68.18평 72.43평 78.20평 16평형 (65.51 ㎡) 지분율% 202.44 199.04 178.09 169.12 161.13 157.91 155.83 153.81 145.32 무상평수 40.12 39.44 35.29 33.53 31.93 31.29 30.88 30.48 28.80 부담금 -166,460 7,223 156,111 286,945 387,060 478,454 566,959 646,047 805,264 16평형 (66.60 ㎡) 지분율% 202.44 199.04 178.09 169.18 161.13 157.91 155.83 153.81 145.32 무상평수 40.78 40.10 35.88 34.08 32.46 31.81 31.39 30.99 29.28 부담금 -174,275 -592 148,296 279,130 379,245 470,639 559,144 638,232 797,449 16평형 (67.59 ㎡) 지분율% 202.44 199.04 178.09 169.18 161.13 157.91 155.83 153.81 145.32 무상평수 41.39 40.70 36.41 34.59 32.94 32.29 31.86 31.45 29.71 부담금 -181,380 -7,697 141,191 272,025 372,140 463,534 552,039 631,127 790,344 24평형 (102.36 ㎡) 지분율% 202.44 199.04 178.09 169.18 161.13 157.91 155.83 153.81 145.32 무상평수 62.68 61.63 55.14 52.38 49.89 48.90 48.25 47.62 45.00 부담금 -430,392 -256,709 -107,821 23,013 123,128 214,522 303,027 382,115 541,332 24평형 (104.07 ㎡) 지분율% 202.44 199.04 178.09 169.18 161.13 157.91 155.83 153.81 145.32 무상평수 63.73 62.66 56.07 53.26 50.72 49.71 49.06 48.42 45.75 부담금 -442.709 -269,026 -120,138 10,696 110,811 202,205 290,710 369,798 529,015 24평형 (105.61 ㎡) 지분율% 202.44 199.04 178.09 169.18 161.13 157.91 155.83 153.81 145.32 무상평수 64.7 63.59 56.90 54.05 51.48 50.45 49.78 49.14 46.424 부담금 -453,841 -280,158 -131,270 -436 99,679 191,073 279,578 358,666 517,883

2. The sale price for the cooperative members;

Unit: Yingwon

The unit price of 302,924 and 47.05 square meters 47.03 square meters 47.03 square meters 47.03 square meters 47.02 and 58.26 square meters 63.19 square meters 68.18 square meters 72.43 square meters 78.20 square meters 625,495 756,329 856,444 947,838 1,036, 3431, 115, 4311,274,64, 648 square meters 11,701,90,9013, 300, 14014, 150, 1507, 3015, 307, 1407, 3014, 307, 1507, 3014

3. Amount of rights to equity shares without compensation;

Unit: Yingwon

65.519.82 469, 384, 382.360.36 30.96 73, 316 0.30.60 60.15 47, 1994.07 31.48 48,630,630.30.3025 60.60.60, 1994.07 31.48,4745,630.30.30.3025 67.484, 304, 304, 304, 304, 105.656, 7650.3025, 3025, 30.484, 584, 304, 304, 105.61, 305.305

(5) When the Urban Improvement Act was enforced from July 1, 2003 after the conclusion of the instant provisional contract, the Defendant Union reported Nonparty 1 Co., Ltd. to the head of Seocho-gu Seoul Metropolitan Government as the contractor and accepted the report around August 2003.

D. Resolution on the amendment of the business plan at the general meeting of this case and approval on the implementation of the project

(1) After the rebuilding resolution of this case, including the project plan of this case, was passed at the inaugural general meeting of this case, the Minister of Construction and Transportation, on September 5, 2003, on the basis of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 18736, Mar. 8, 2005; hereinafter “Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) 20% below 18 square meters (60 square meters), 25.7 square meters (85 square meters), 40% below 25.7 square meters, and 40% above 25. The Ministry of Construction and Transportation publicly announced the standards for the construction ratio of the national standard housing of the reconstruction project, and the Defendant Mutual Association passed the reconstruction project on February 25, 2004.

(2) As the Defendant Cooperative passed the construction deliberation, it held a general meeting on May 15, 2004 prior to the application for approval for the implementation of the project, and proposed a change in the project plan with the following contents changed in the total floor area and the number of households by applying the small-sized ratio of mandatory construction as mentioned above.

【Design opening of a new building for small-sized building ratio of 2:4:4

The aggregate of 248,329.70 square meters (75,119.73 square meters) in total 248,329.70 square meters (75,19.73 square meters) in total of 615,045.5 square meters in total, 44 Dong 6831, 363 340 340 340 36340 296 16296 70 3,410 269.98 percent in total, of 25 square meters in total, 35 square meters in total, 35 square meters in total, 49 square meters in total, 69 square meters in total, 69 square meters in total, 69 square meters in total, 69 square

[Preparation on the basis of the ratio of the small-sized ratio of the measures, the basic plan for development of the apartment zone of distribution apartment district in Seoul, etc., may be partially modified in the course of authorization and permission, and the implementation of the project (amended) shall be finalized at the time of authorization)];

(3) On October 30, 2004, the head of Seocho-gu Seoul Metropolitan Government approved and publicly notified the implementation of the reconstruction project on the project implementation plan submitted by the defendant association on October 30, 2004 with the project implementer as the defendant association, and notified the defendant association around that time.

E. Formulation of changes in circumstances and principal contract after the provisional contract of this case

(1) On May 2003, the day after the instant provisional contract, the Government included apartment units in the subject of the subsequent implementation system, and caused increase in financial expenses due to the delay in the sale of the general public; compensation for purchasing a community center and kindergarten purchase expenses consenting to reconstruction; expenses for building public office buildings for donation; expenses for building public office buildings in a project site; expenses for purchasing government-owned land and public land in a project site; increase in expenses due to design or quality change; increase in construction expenses due to the establishment of a construction structure blocking structures and management standards for multi-family housing, increase in construction expenses due to the amendment of the Indoor Air Quality Control in Public-Use Facilities, etc.; financial expenses for the preparation of refunds to the members of the public-use facilities; and non-party 1 corporation asserted that at least 20 billion won of the instant general meeting or the instant contract price were incurred in the course of the instant negotiations with the Defendant Cooperatives; and it was required that the Corporation will incur more than 10% of the total amount of expenses for managing and disposing of the instant land at the time of sale in advance (the instant general meeting).

Article 5 (Criteria for Performance by Substitutes)

(1) The criteria for payment in kind (free compensation criteria) of a newly-built apartment for the previous land or building owned by a member of the defendant's association shall be as specified in attached Table 1 (see attached Table 1 (3)).

Article 20 (General Sale in Lots)

(4) When selling in general the remaining apartment units after having first sold in lots to the members of the defendant's association, all of the liabilities and rights shall revert to the non-party 1 corporation, regardless of the increase or decrease in general

(2) According to the above contract, the non-party 1 corporation calculated development gains by deducting the amount of gratuitous shares (right value) that it has agreed to recognize as the members of the defendant's association and the amount of usual shares of apartment units to be sold to the members of the defendant's association according to paragraph (3) below. On the other hand, if the sale price in units is 25 square meters, 17 million won per square year (1.3 million won for the members of the association), and 18 million won per square year (1.35 million won for the members of the association) in 35 square, the total amount of business revenue shall be calculated as 2,328,70,260,000 won per square year (1.35,959,38,000 won for the construction cost and the amount expected to be paid to the members of the defendant's association) after deducting the amount of development gains at issue (the estimated amount of development gains at the time of 200,000 won per square year and 360, 2007,2008 square meters per annum).

(3) The main contents of the above main contract (attached Form 1) are as follows.

1. Conditions of standards for payment in kind;

* The financial expenses for the purchase price of the sale after the sale in general will be the responsibility and burden of the contractor regardless of the fluctuation in the interest rate.

* All rights, such as determination of the sale price for the general sale portion, responsibility for sale in lots, and attribution, exist in the project.

* Model EM is to build three flats prior to the conclusion of a contract for the sale of members (before commencement) and to bear the works of the Si.

* The purchase cost of state-owned or public land shall be responsible for and borne by the contractor regardless of the result of administrative litigation.

* In relation to the land issues of commercial buildings, kindergartens, and Saemaul halls, the standards for partner payment are not changed.

* In relation to the necessary project cost, there is no change in the standards for partner payment.

* Standards for payment in kind are adjusted when changing government policies such as the establishment of rental housing, the implementation of the cost-free rental system, etc.

* The criteria for payment in kind are the final and conclusive part of the terms above.

2. Sale price for each apartment-type member;

Unit: Yingwon

1,300 291,325.297.36 97.1, 97.36 97.36 96.36 96.36 97.36 96.36 96.35 22221,350 35.35 35 28.11,350 35.324 11,350 40 927 35.287 197 197 1,3564 96.36.36 96.46 96.36 96.21,350 398,35 35.28 201,35 35D 280,4194,398 196.384

3. Amount of rights to equity shares without compensation;

Unit: Yingwon

Table 16-type 16-type 25-type 16-type 25-type 20.445 501,435 31.947 783,533 20.147 494,126 31.481, 772, 104 19.817 486,032 30.964 759,424

4. Standards for payment in kind:

Unit: Yingwon

본문내 포함된 표 구분 16평형 25평형 65.51㎡ 66.60㎡ 67.59㎡ 102.36㎡ 104.07㎡ 105.61㎡ 평형 무상평수 부담금 무상평수 부담금 무상평수 부담금 무상평수 부담금 무상평수 부담금 무상평수 부담금 25A 43.01 -195,453 43.73 -203,546 44.37 -210,855 67.21 -468,844 68.33 -481,524 69.34 -492,954 25B 43.01 -194,707 43.73 -202,801 44.37 -210,109 67.21 -468,099 68.33 -480,779 69.34 -492,208 35A 42.82 -85,105 43.54 -93,198 44.18 -100,507 66.91 -358,497 68.03 -371,176 69.03 -382,606 35B 42.82 -85,525 43.54 -93,618 44.18 -100,927 66.91 -358,916 68.03 -371,596 69.03 -383,026 35C 42.82 -87,999 43.54 -96,093 44.18 -100,401 66.91 -361,391 68.03 -374,071 69.03 -385,500 35D 42.82 -85,513 43.54 -93,607 44.18 -100,916 66.91 -358,905 68.03 -371,585 69.03 -383,014 49A 35.25 194,171 35.84 186,078 36.37 178,769 55.08 -79,221 56.00 -91,900 56.83 -103,330 49B 35.25 196,460 35.84 188,366 36.37 181,058 55.08 -76,932 56.00 -89,612 56.83 -101,041 60A 33.15 399,523 33.70 391,430 34.20 384,121 51.80 126,132 52.66 113,452 53.44 102,022 60B 33.15 398,658 33.70 390,565 34.20 383,256 51.80 125,266 52.66 112,587 53.44 101,157 69A 31.54 589,625 32.06 581,531 32.54 574,222 49.28 316,233 50.10 303,553 50.84 292,124 69B 31.54 589,548 32.06 581,454 32.54 574,145 49.28 316,156 50.10 303,476 50.84 292,047 79 29.99 807,288 30.49 799,194 30.94 791,885 46.86 533,896 47.64 521,216 48.35 509,787 89 28.62 1,035,118 29.10 1,027,024 29.53 1,019,716 44.72 761,726 45.46 749,046 46.14 737,617 91A 28.35 1,084,673 28.82 1,076,579 29.25 1,069,270 44.29 811,281 45.03 798,601 45.70 787,172 91B 28.35 1,084,655 28.82 1,076,562 29.25 1,069,253 44.29 811,264 45.03 798,584 45.70 787,155

(f) Resolution on, and authorization for, a management and disposal plan at the general meeting for management and disposal;

(1) On February 5, 2005, the Defendant Cooperative held a management and disposition general meeting (hereinafter “the instant management and disposition general meeting”) among the 2,516 members of the total number of the 2,205 members. As a result of the voting by presenting a resolution on the management and disposition plan (draft), which is an agenda item No. 4 of the management and disposition general meeting of the instant case, the number of 2,516 members, 1,406, 730, 730, 1, and 68, were aggregated.

(2) The main contents of the management and disposal plan are as follows.

(A) Outline of the design of the new building

The aggregate of 248,329.70 square meters (75,119.73 square meters) and 248,329.70 square meters (75, 119.73 square meters) in total of 637,303, 303.91 square meters in total, 44 Dong 6831, 363 340 340 340 36340 296 296 703,410 269.34% in total, of the total floor size of the building site and the number of stories of apartment units included in the main sentence;

(B) Estimated cost of removal and new construction of the building

A total of KRW 955,959,388,000 (=the construction cost of KRW 586,66,910,000 + the partnership project cost of KRW 369,292,478,00) shall be modified.

(c) Matters concerning the apportionment of expenses incurred in the removal of buildings and construction of new buildings

(1) A project shall be implemented in a fixed share system.

(2) Standards for gratuitous shares of cooperative members: The calculation of gratuitous shares of cooperative members, which are the standards for sale of sites and construction facilities for cooperative members, shall be finalized in accordance with Article 5 (Attachment Form 1) of the main contract with the contractor.

(3) Method of calculating cooperative members' charges: The cooperative members' charges shall be reduced or increased according to the difference in sales prices in the number of units and units to which the utility gap index applies.

Free number of union members = Amount of right ¡À sale price per square meter; or

Association members' charges = Newly-type sale price - The amount of rights of association members

(d)sale of new buildings and design standards;

The standards for the sale of housing units by association members: To preferentially sell housing units to be newly constructed based on the shares of the previous housing site in which the association members invested, in principle, prior to the general sale.

(e) Allocation of apartment units among members and method of determining buildings and units;

(1) General principles: The sale of units by members shall be divided into a flat-type decision and the determination of the number of units and Dongs, but the applications for a flat-type decision and allocation of units and units by computerized drawing shall be determined within a certain period after the expiration of the period for

(2) Allocation of cooperative membership balance and method of drawing lots.

A partner may apply for all of the square, but the square shall be selected by allocating it to 16 square members and to 25 square members as shown below, as follows, and the first person who has been excluded from the rank of 2, 3, 4 and 5 automatically above the rank of 49 square, 60 square, 69 square, 79 square, 89 square, and 91 square.

The ratio of the number of units of 16 square-type 25 square-type households included in the main sentence to 49 square-type 25 square-type households shall be 20% of 68-type 340 households 20% of 60-type 68-type 340 households 20% of 272 households 80% of 68-type 60% of 69-type 2968 households 40% of 118-type 79-type 162 households 97% of 60% of 65-type 89-type 156 households 94% of 62 households 91-type 70% of 42 households 428-households.

(b) If the number of applications for the desired grade is less than the number of supply in each rank, the (p) number of applications for the relevant desired grade shall be preferentially supplied to the applicant in the relevant order.

A member of a commercial building shall be sold among the remaining households after the purchase of apartment members.

(f) Sale of commercial buildings;

The general principle for the sale of commercial buildings: In principle, a commercial member shall sell the previous building on the basis of the owned area and the location of each floor, and in cases where the size and location of a new building are not the same, the average amount of each appraised value (return or late payment) submitted by a certified appraisal and assessment agency under the Act on the Publication of Land Prices and the Evaluation of Land, etc. shall be calculated by requesting an evaluation to two or more certified appraisal and assessment agencies under the same Act.

(3) On May 10, 2005, the head of Seocho-gu Seoul Metropolitan Government approved and publicly notified the above management and disposal plan (hereinafter the above management and disposal plan of this case was established through the general meeting of the management and disposal of this case) and around that time notified the plaintiffs that the management and disposal plan was approved by the defendant association.

G. Main contents of the articles of association of the defendant association (hereinafter “articles of association”).

The main contents of the articles of association of the defendant association are as follows.

Article 5 (Method of Execution)

(2) The bearing of project costs, such as the use, disposal, construction costs, and incidental expenses necessary for implementing a project, liability for construction, the period of construction, and liability for repairing defects, etc. shall be governed by a separate agreement between the defendant association and the constructor.

Article 8 (Qualification for Membership, etc.)

(1) Members of a cooperative shall be the owners of welfare facilities (including the sites attached to welfare facilities, such as the relevant housing and commercial buildings), such as old and inferior housing or commercial buildings, within the project implementation zone, who have agreed to the rebuilding resolution: Provided, That they may become members of a cooperative, if they have not consented at the time of the rebuilding resolution, but have consented to the approval

Article 11 (Selection of Irregular Works and Contract for Implementation of Projects)

(1) The contractor who jointly carries out this project shall meet the requirements for a joint project entity under the Housing Construction Promotion Act and select or modify the project through a resolution of the general meeting.

(2) The defendant association shall enter into a separate contract after receiving the authorization of a general meeting in advance after consulting with the contractor on the overall progress of the project, such as the bearing of project costs related to the construction project, and shall be granted the rights and obligations among them according to the terms

Article 18 (Matters to be Resolved at General Meeting)

The following matters shall be determined by a resolution of a general meeting:

i. Matters concerning changes in the rights and obligations of the association members or the amendment and repeal of the rules of association accompanying the burden on the association members;

ii. Matters concerning the decision and change of a project implementation plan, except where such change is made in the process of authorization and permission;

iii. Matters concerning the formulation and modification of the management and disposal plan;

6. Matters concerning the selection of the contractor and its agreement, and matters concerning the project implementation entrustment agreement; and

viii. Other matters which require a resolution of the Assembly in these bylaws or terms of association establishment authorization.

Article 19 (Resolution Method of General Meeting)

(1) A general meeting shall be held with the attendance of a majority of all the registered members, and shall be resolved with the consent of a majority of the members present, and when the number of members is equal, the chairperson shall exercise his/her right to make a decision: Provided, That the selection of the execution company shall be determined

(2) Notwithstanding paragraph (1), matters concerning Article 18 (i) shall be decided with the attendance of at least 2/3 of all incumbent members and with the concurrent vote of at least 2/3 of those present.

(3) Members of the cooperative may exercise their voting rights in writing or by proxy. In such cases, it shall be deemed that the attendance referred to in paragraphs (1) and (2) is attendance.

Article 21 (Matters to be Resolved by Board of Representatives)

(1) The board of representatives shall resolve the following matters, and make a report thereon at a general meeting or notify individual members concerned thereof:

6. Matters delegated by the general meeting for deliberation on agenda items and by the general meeting; and

Article 22 (Methods of Resolution by Board of Representatives)

(1) A board of representatives shall open with attendance of at least one-half of the representatives, and where the same number is equal after making a resolution with the consent of a majority of the representatives present, the chairperson shall exercise his/

Article 30 (Imposition and Collection of Expenses)

(1) The defendant association may impose and collect expenses, such as housing construction project costs, from its members to appropriate them for expenses incurred in implementing projects.

(2) The dues under paragraph (1) shall be imposed fairly in accordance with the management and disposal plan, and shall be imposed in comprehensive consideration of all the conditions, such as the location, area, utilization status, and environment of the land and buildings in the project implementation district.

Article 39 (Criteria for Plan for Management and Disposal)

(1) A management and disposal plan concerning property owned by its members shall be formulated in accordance with the following guidelines:

i. In principle, the housing, etc. newly built on the basis of the size and economic value of the previous land and buildings in which the association members invested shall be sold, but one house shall be supplied to one association member: Provided, That the housing leased by a rental business operator under the Rental Housing Act, the housing owned by the State, a local government, and the housing accommodation for workers owned by the corporation may be supplied to the extent that the previous housing

ii. The size of housing, etc. to be sold after the implementation of the project shall be based on the area of sale (=area for exclusive use + area for common use) and the housing site shall be sold in common in proportion to the size of the whole housing, etc. sold

iii. The scale of housing to be sold to the members shall be prepared by a construction plan and determined by deliberation after obtaining the approval of the project plan; and

iv. The allocation of new houses, etc. by flat type shall be determined in accordance with the procedures set out in the management and disposal plan, taking into account the existing apartment buildings owned by each member.

(v) If there is a difference between the area of housing, etc. calculated on the basis of the size of the previous land and buildings in which members have made investments and the size of housing units after the implementation of the project, the amount calculated by converting the price of housing units by the unit size computed on the basis of the project plan concerned shall be paid within the period determined by the defendant association, or the

vi.Incidental facilities, such as commercial buildings, to be constructed in the project district, shall be disposed of by the Union in consultation with the work executor who is the joint project proprietor.

vii. The remaining housing remaining after supplying to members shall be appropriated for the project cost by selling it in lots to the general public, and the supply time, procedures and methods of the remaining housing shall be in accordance with the regulations on the supply of housing;

viii. The Defendant Union may, in accordance with the arrangements separately from the work executor, sell the remaining housing to the members first, and may require the work executor to directly procure part of the work cost required on the condition that the work executor shall sell the remaining housing in lots and redeem the remaining housing in lots and pay it in lots.

(ix) Other detailed matters necessary to establish a management and disposal plan shall be determined and implemented by the president of an association in accordance with the related regulations, subject to resolution of the board of representatives;

Article 49 (Effect of Agreement)

The agreement entered into with the contractor with respect to a joint implementation of a reconstruction project shall have effect on the members to the extent provided for in the relevant statutes and the articles of incorporation.

[Ground of Recognition] A without dispute, Gap evidence 1, Gap evidence 11, Eul evidence 14 through 16, Eul evidence 25, Eul evidence 2, Eul evidence 5, Eul evidence 13, Eul evidence 31, Eul evidence 39 through 43, Eul evidence 46, Eul evidence 47-1 through 3, Eul evidence 48 through 50, respectively.

2. Plaintiffs’ assertion and relevant statutes

A. The plaintiffs' assertion

(1) Main argument

The plaintiffs asserts that the part concerning the apportionment of rebuilding cost (hereinafter "the resolution of this case") among the resolution on the case of the management and disposal plan resolution (the agenda of the 4th agenda) at the general meeting of the management and disposal of this case exists as follows, and therefore, it constitutes null and void.

(A) The instant resolution portion constitutes a modification of the contents of the instant rebuilding resolution, and thus, it is necessary to pass a resolution by the majority of not less than four-fifths of the members, which is a special resolution under Article 47(2) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings”) on the ground that, in the case where the total amount of the general sales amount exceeds 10% of the total amount of the initial estimated general sales amount, the excess amount exceeds 10%, and all development gains are reverted to the contractor by abandoning the matters to be refunded to the Defendant Cooperative and the Defendant Cooperative’s members, thereby imposing economic burden on all members, and thus, it constitutes a modification of the contents of the instant rebuilding resolution. However, the resolution was not satisfied despite the need for a resolution by the majority of not less than four-fifths of the members, which

(B) According to Articles 19(2) and (1), and 18(i) of the Articles of association of the Defendant Union, matters concerning changes in the rights and obligations of the association members are required to be resolved with the attendance of at least 2/3 of the incumbent union members and with the concurrent vote of at least 2/3 of the union members present. The instant resolution portion is about changes in the rights and obligations of the association members, but it did not meet the quorum.

(2) Preliminary assertion

The Plaintiffs, as alleged above, have significant and apparent defects in the instant management and disposition plan concerning the apportionment of rebuilding costs (hereinafter “instant planned part”) and asserted as the first preliminary claim that the instant planned part constitutes null and void. Even if the defect does not reach a significant and obvious degree, the instant planned part should be revoked in violation of the aforementioned reasons.

B. Relevant statutes

The entries in the attached Table-related statutes are as follows.

3. Determination as to the legitimacy of the main claim part of the plaintiffs' lawsuit of this case

First, it is examined whether the main claim part of the plaintiffs' lawsuit in this case is legitimate before determining the main claim.

The reconstruction and improvement project association under the Urban Improvement Act is a special administrative body that has been granted special purpose in relation to its members, and is in the relationship of rights and duties under the public law to the extent that it can be deemed that it performs specific public affairs which are the objective of existence under the supervision of the State. On the other hand, when a management and disposal plan is authorized and publicly announced, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, shall not use or profit from the previous land or structure until the date of the public announcement of transfer, and when the procedure of public announcement of transfer is completed, the management and disposal plan, such as realizing the relation of rights, is an administrative disposition that has a specific

In addition, the above administrative disposition plan is established after the reconstruction and improvement project association prepared a management and disposal plan (draft) and passed a resolution of the general meeting of association members under the provisions of the Urban Improvement Act and the articles of association of the association, and the defendant submitted the management and disposal plan (draft) as the agenda of the general meeting of association members and passed a resolution of the general meeting of association members, and the fact that the above approval was publicly notified by the head

As can be seen, where a dispute arises over an authorized management and disposition plan after the resolution of the general meeting of partners, the contents of the management and disposition plan, which is an administrative disposition by the reconstruction project association, may be claimed as a defect in the substantive requirements such as violation of Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, or claimed as a defect in procedural requirements such as failing to meet the quorum. If the approval of the management and disposition plan is granted, the contents of the plan shall not be deemed to be changed as a matter of course according to the judgment even if the resolution of the general meeting of partners is obtained as a civil lawsuit against the resolution of the general meeting of partners of the management and disposition plan. The above judgment shall be limited to between the partners who have filed a lawsuit, and it shall be limited to the partnership with the already authorized contents of the management and disposition plan, and there is no executory power to compel the administrative agency to revise the management and disposition plan again following the change, while the judgment shall also become effective within the scope of the judgment, and it shall retroactively lose the effect of the management and disposition plan within the scope of the judgment, and the parties's obligation to invalidate or cancel the resolution.

Therefore, the part of the plaintiffs' primary claim in the lawsuit of this case seeking confirmation of invalidity of the resolution of this case itself, not the part of the plan of this case, is unlawful as there is no benefit of lawsuit.

4. Determination as to the first preliminary claim by the plaintiffs (which is legitimate in the part of the plan of this case)

A. As to the plaintiffs' assertion that the resolution of this case constitutes a modification to the contents of the rebuilding resolution of this case

(1) The criteria for selecting whether the owner of land, etc. will participate in reconstruction, selling the sectional ownership, etc., and not to participate in reconstruction at the market price, as to the cost-sharing of the building to be determined at the stage of establishment of a reconstruction association. If, at the time of the resolution for reconstruction, a resolution is adopted to adopt the project plan presented by the person selected as a contractor in relation to the cost-bearing of the association members, matters concerning the cost-bearing of removal and new construction of the building presented in the project plan are the contents of the resolution for reconstruction. Thus, in the event the reconstruction association, after concluding a contract with the contractor, intends to revise the rebuilding resolution regarding the cost-bearing of the newly constructed building in excess of the ordinary estimated scope due to price fluctuations and other changes in the construction market situation at the time of the resolution for reconstruction, it shall be deemed that the rebuilding association has changed the rebuilding resolution regarding the cost-bearing of the newly constructed building at the time of the resolution, and it shall not be deemed that the increase in the cost-bearing has inevitably occurred due to the modification or other unexpected circumstances (see Supreme Court Decision 2009Da384, Jan. 384, 2007, 2009).

(2) 앞서 거시한 각 증거에다가 갑 제17호증, 갑 제18호증, 갑 제20호증, 갑 제23호증의 2, 을 제3호증의 1, 을 제37호증의 각 기재와 변론 전체의 취지를 보태어 보면, ① 피고 조합이 2001. 11. 10. 이 사건 창립총회를 개최하기 전에 조합원들로부터 받은 원래의 재건축동의서와 창립총회 회의자료에는 평당 개발이익(무상지분 권리금액) 약 20,313,000원과 구체적인 공사비 산출내역 및 평형별 분양대금 등이 구체적으로 적시되어 있었는데, 피고 조합은 위 창립총회 개최 당일 총회장에서 조합원들에게 위와 같은 비용분담에 관한 사항이 기재되지 아니한 새로운 재건축동의서를 다시 교부하면서 “이미 재건축동의서를 받기는 하였으나, 오늘 총회에서 선정되는 시공사가 제시하는 더 좋은 사업참여 조건에 따라 비용분담 사항을 변경하고 이를 반영하는 새로운 재건축동의서를 유효한 것으로 하겠다”는 취지를 설명하였고 이에 따라 이 사건 재건축결의가 이루어진 사실, ② 그 직후 총회장에서 진행된 시공사 선정 단계에서는, 소외 1 주식회사가 사업참여제안서를 통하여 확정지분제 방식으로 공사를 진행하되 조합원의 무상지분 권리금액을 평당 약 23,680,000원으로, 평균 무상지분율을 171.84%로 각 제시하고 평형별 예상분양가와 평당분양가를 각 제시함과 아울러 조합원들에게 우선분양하고 남은 아파트 잔여세대를 일반분양할 때 실제 일반분양금 총액이 당초의 예상 일반분양금(일응 조합원 분양가에 부가가치세액을 더한 금액) 총액보다 10% 이상 초과하는 경우에는 그 10% 이상 초과분을 조합원들의 수익으로 하여 환급한다는 조건을 제시하여 다른 두 경쟁 회사를 제치고 총회결의에서 시공사로 선정된 사실, ③ 그 후 피고 조합이 조합설립인가신청을 위하여 서초구청에 제출한 재건축동의서에는 이 사건 창립총회 전에 조합원들로부터 받은 최초의 재건축동의서에 적시된 구체적인 제공사비 산출내역, 예상개발이익(평당 20,313,000원), 평형별 분양대금 등이 모두 삭제된 채, “사업추진방식은 확정지분제 방식으로 한다. 확정지분제 방식으로 사업을 추진하기로 결정한 경우의 비용분담 : 시공사 선정시 시공사가 제시하는 조합원 권리지분(무상지분) 금액과 분양평형별 부담금액에 따른다”는 내용과 “예상사업비는 시공사의 선정 및 계약에 따라 변경될 수 있으며, 입주시 확정됨”이라는 내용만이 기재되어 있는 사실, ④ 그 후 피고 조합은 2002. 9. 6. 소외 1 주식회사와 사이에 조합원 분양분을 제외한 아파트 잔여세대의 일반분양가는 일응 조합원 분양가에 부가가치세액을 더한 금액으로 하되 장차 일반분양가가 상승하여 일반분양금 총액이 당초보다 10% 이상 초과하는 경우에는 그 10% 이상 초과분(차액)을 조합원들에게 환급하기로 하고, 조합원들의 권리가액은 평당 약 23,680,000원으로 하며, 조합원들의 권리가액, 조합원 분양아파트의 분양가 및 분양가 총액은 변동 없이 확정하기로 하는 확정지분제 방식으로 도급공사를 시행하기로 하여 이 사건 가계약을 체결한 사실, ⑤ 그런데 소외 1 주식회사는 그 후 피고 조합과의 본계약 협상과정에서 정부의 정책변경 등으로 최소 2,000억 원의 추가비용발생요인이 생겼음을 주장하면서 이를 전액 인정하여 줄 것을 요구하였고, 이에 피고 조합은 향후 일반분양가 상승에 따른 10% 이상 초과분에 대한 배분을 조합원들이 받지 않는 대신에 시공사가 추가 발생비용을 포함한 모든 사업비용을 부담하는 것으로 하고 부족시에도 시공사가 모든 책임을 지기로 하여 사업을 진행하기로 하되, 일반분양의 분양가가 25평형의 경우 평당 1,700만 원(조합원 분양가는 1,130만 원), 35평형의 경우 평당 1,800만 원(조합원 분양가는 1,135만 원)으로 각 증가되는 것으로 계산하여 총 사업수입금액을 2,328,770,260,000원으로 하고, 이 금액에서 지출예상액(공사비 및 조합사업비 예상액 955,959,388,000원)을 공제하여 개발이익을 산출하고, 각 조합원의 무상지분 권리금액을 약 24,526,000원으로 책정하며, 당초 소외 1 주식회사가 시공사 선정단계에서 사업참여조건으로 제시한 평형과 동일·유사한 평형의 아파트에 대한 조합원 예상분양가와 평당분양가는 그 사업참여조건이나 이 사건 가계약상의 그것에서 약간의 증감 변동이 있되 별다른 차이가 없는 가격으로 정하여 시공사 본계약안을 마련한 사실, ⑥ 피고 조합의 2004. 1. 15.자 소식지에는 “일반분양가가 계속 상승하고 있고 후분양을 실시하는 2008년에 이르러서는 계속 분양가가 상승할 것이다. 일반분양가 10% 초과 상승시 조합원 배분 약정은 지켜져야 한다”는 내용이 게재된 사실, ⑦ 피고 조합은 2005. 2. 5.자 이 사건 관리처분총회에서 위와 같은 시공사 본계약안의 내용이 담겨진 제4호 안건인 관리처분계획(안) 결의 건을 상정하였고, 투표결과 재적 조합원 2,516명 중 찬성 1,406명, 반대 730명, 무효 1명, 기권 68명으로 집계된 사실 등을 인정할 수 있다.

(3) In light of the above facts, even if the cost of the reconstruction project was increased ex post by the members at the time of the resolution of the defendant association, it is nothing more than the 10th anniversary of the increase in the cost of the reconstruction project, the association members decided not to transfer the burden to the association members. Since the non-party 1 corporation voluntarily presented fixed shares under the condition of business participation in the reconstruction project, such contents were reflected in the provisional agreement, even if the cost of the reconstruction project was inevitably increased by the lapse of the initial period after the resolution of the reconstruction project, it constitutes a change in the rebuilding agreement in substance by entering into a contract that imposes project cost on the association members even if the cost of the reconstruction project was inevitably increased by the lapse of the initial period, it is difficult to view the condition that all the proceeds of the general apartment unit would be distributed to the association members if the initial amount of the rebuilding project exceeds 10%, and it is difficult to view the amount of the rebuilding agreement to be refunded to the non-party 1 corporation at the time of the increase in the rebuilding project cost at the 0th of the rebuilding agreement.

4) Therefore, in the resolution of this case where the contents of this case's construction project containing the contents of this contract to modify the cost-bearing under the rebuilding resolution of this case, it is necessary to apply Article 47 (2) of the Aggregate Buildings Act to the resolution by the majority of not less than 4/5 of the members, which are the quorum for special resolution. Since there are significant and apparent defects in the resolution of this case's construction project of this case, the resolution of this case's construction project of this case is null and void, and the part of the plan of this case which reflects the above invalid resolution of this case's construction project of this case's construction project of this case is also null and void

B. As to the plaintiffs' assertion that the resolution portion of this case did not meet the quorum for the articles of association of the defendant association

(1) The articles of incorporation of a corporation and the regulations for its detailed businesses and other internal regulations shall be deemed valid unless there are special circumstances. However, the same shall not apply to cases where it is considerably unreasonable in light of social norms, such as violating good morals and other social order, or where the decision procedure is deemed to be in violation of justice (see Supreme Court Order 2006Ma635, Jul. 24, 2007, etc.).

Article 20(1)17 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Article 20(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents) provides that the articles of association of a reconstruction association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Article 20(1)15 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents) shall be amended to include in the articles of association the matters to be included in the agreement of the association members, taking into account that the contents of the agreement to be included in the agreement of the association members, especially the cost-bearing of the association members, etc. (Article 20(1)15 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents) shall also require consent of at least 2/3 of the association members to be amended to ensure that the contents of the original agreement to be amended, even if the amendment of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions (Article 31(1)0 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions) shall be amended to stipulate.

(2) Article 18 of the Articles of the Defendant Union’s articles of incorporation provides that “i.e., changes in the rights and obligations of members, or the amendment and repeal of the articles of incorporation accompanying the burden on the members of the association; ii) changes in the process of authorization and permission; iii. matters concerning the formulation and amendment of the management and disposal plan; vi. matters concerning the selection of the company and its agreement and the implementation entrustment agreement;” Article 19(1) of the articles of incorporation of the Defendant Union provides that “The general meeting shall be held with attendance of a majority of the incumbent members, and the resolution shall be made with the consent of a majority of the members present,” and Article 18(2) of the same Article provides that “Notwithstanding the provisions of paragraph (1), matters concerning Article 18(i) shall be resolved with attendance of at least 2/3 of the incumbent members and with the consent

(3) In light of the above legal principles and facts, it is reasonable to view that the articles of incorporation of the defendant association presented that the majority of union members may hold a meeting with the attendance of a majority of union members, and the matters concerning the selection of the construction company and the agreement so that the resolution may be made with the consent of a majority of union members present, may be passed with the consent of a majority of union members, on the premise that the contents of the draft of this contract at the time of the reconstruction project at issue do not constitute an agenda to substantially modify the matters concerning the apportionment of expenses under the original rebuilding project at issue. The resolution of this case is intended to substantially modify the matters concerning the apportionment of expenses under the rebuilding project at issue at issue. Thus, the quorum for the resolution of the above articles of association at issue cannot be applied to the resolution of this case. When the contents of the rebuilding project at issue exceed 10%, the terms of allocation of union members should be included in the contract with the construction project at issue, and therefore, the articles of association of the defendant association should be stipulated in accordance with Article 25 (1) 30 (1) of the Urban Rearrangement Act.

(4) However, the general meeting of the management and disposal of this case on February 5, 2005 held that there was only 1,406 consent from 2,516 registered union members who did not reach 2/3 of the resolution of this case. Thus, the resolution of this case is null and void on the ground that there were significant and apparent defects that failed to meet the resolution of this case, and the part of the plan of this case which was reflected in the resolution of this case of this case of nullification is also null and void. Thus, the plaintiffs' assertion on this part is with merit.

C. As to the assertion that the defendant union should render a ruling on circumstances

Although Defendant Union asserts that even if the plaintiffs' claim is reasonable, cancellation of the part of the plan of this case is considerably inappropriate for public welfare, and thus, it is difficult to render a judgment on the circumstances in this case where the plaintiffs' first preliminary claim seeking nullification of the part of the plan of this case is recognized as reasonable (Article 38 (1) of the Administrative Litigation Act does not apply mutatis mutandis to a suit seeking confirmation of nullity, etc. under Article 38 (1) of the same Act, Article 28 of the same Act, which is a provision concerning the judgment on the circumstances in the revocation suit, does not apply mutatis mutandis), the above assertion

5. Conclusion

Therefore, without a separate review as to the second preliminary claim of the plaintiffs, the part of the main claim of the plaintiffs in the lawsuit of this case is unlawful and dismissed, and the first preliminary claim of this case seeking confirmation of invalidity of the part of the plan of this case is justified and it is so decided as per Disposition with the assent of all.

Judge Lee Dong-gu (Presiding Judge)