정산금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
The following facts are not disputed between the parties, or may be recognized by comprehensively considering the whole purport of the pleadings in each entry in Gap evidence Nos. 1, 2, and 6 (including each number, if any), Eul evidence Nos. 1, 2, and 3:
The plaintiffs are 20 Dong-dong and 21 divided owners who were on the ground of D land among Seocho-gu Seoul, C, and D (hereinafter referred to as "E-dong 0-0"), Seocho-gu, Seoul (hereinafter referred to as "the apartment of this case").
In the process of the defendant's establishment, the apartment of this case consists of 19 apartment units of the 5th floor above the ground of the land B (1:19 Dong), 2 apartment units of the 5th floor above the ground of the D land (20 dong, 21 Dong) and 3rd floor above the C land. The two divided owners of the 1-19 unit and the 20-dong and 21 unit divided owners of the D land were co-owned.
When the apartment of this case was old and poor, the residents organized a reconstruction promotion committee and promoted a reconstruction project, and on June 29, 2002, the inaugural general meeting was held to resolve on the proposal for reconstruction and the defendant was established.
However, compared to the sectional owners of 1 to 19 Dong, 20 Dong 21 sectional owners, who did not consent to reconstruction and did not attend the above inaugural general meeting.
On May 15, 2003, the defendant held an extraordinary general meeting and resolved to re-building the contents of 1 to 19 units on the land B except D land in the reconstruction project district.
After obtaining authorization for establishment from the head of Seocho-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Seocho-gu") on June 27, 2003 under the former Housing Construction Promotion Act (amended by Act No. 6852, Dec. 30, 2002; Act No. 6852, Jul. 1, 2003) and completing the establishment registration on July 21, 2003 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which was enacted by Act No. 6852, Dec. 30, 2002.
The defendant shall agree on the re-building on May 16, 2005 from the head of Seocho-gu.