A. The status of the parties to the apartment complex E1, 2, and 324 units on the land outside Songpa-gu Seoul Metropolitan Government (hereinafter “instant apartment complex”) consists of 134 units of apartment complex (6,600 units) and one commercial building (324 units). The defendant is a cooperative established for the reconstruction of the instant apartment complex, and the plaintiffs are the members of the defendant as part of the sectional owners of the instant apartment complex.

B. The process of the establishment of the Defendant Association and the first reconstruction resolution (1) regarding the apartment complex of this case were organized by the committee for the promotion of E apartment settlement shares (hereinafter “instant promotion committee”). On May 24, 2003, 4,280 of the total number of sectional owners of the apartment and commercial buildings of this case who are qualified as the members of the association were actually present or submitted “the inaugural general meeting document resolution” in lieu of the attendance.

(2) In the above inaugural general meeting, the said general meeting passed a rebuilding resolution stating that “construction costs shall be preferentially procured by the construction company selected as a participating company,” as to the apportionment of rebuilding costs, including the cases of approval of the bylaws of the association and the cases of appointment of the president of the association, etc. presented at the above general meeting.

(3) Furthermore, the defendant submitted the "written consent to the reconstruction and the implementation of the first reconstruction" that consents to the reconstruction resolution from the sectional owners, including the sectional owners who agreed to the said resolution at the above inaugural general meeting. At the same time, at least 2/3 of the sectional owners and voting rights of each building of the apartment of this case, at least 2/3 of the sectional owners and voting rights of each building of this case meet the requirements of at least 2/3 of the sectional owners and voting rights of the whole building of this case, and thus, the defendant is the head of Songpa-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Songpa-gu").