건축허가명의변경절차 이행청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Plaintiffs were sectional owners of the three-story tenement housing on the ground of Dongdaemun-gu Seoul Metropolitan Government P and Q (hereinafter “instant land”).
B. The owners of the existing building of this case, including the plaintiffs, established the RR Association (hereinafter referred to as the "Association of this case") for the purpose of constructing a new project (hereinafter referred to as "the project of this case") on the third and third underground floors and the 13th above ground-based complex building (hereinafter "the building of this case").
C. On December 29, 2005, the instant association entered into a joint project implementation agreement (hereinafter “instant project agreement”) with Plaintiff E and Plaintiff L to cover construction costs and project expenses by receiving the instant land and a certain amount of charges from the members of the instant association, which is a project site. However, among the instant building, the instant association entered into a joint project implementation agreement (hereinafter “instant project agreement”) to supply the instant association’s members with the exclusive use area of apartment units 25.7 square meters among the instant buildings, to supply the instant association’s members with the remaining apartment units, neighborhood living facilities, and business facilities to cover construction costs and project expenses by selling them in general. The main contents are as follows.
Article 5 (Principle of Joint Project Implementation). (1) In the implementation of the joint project, the instant association shall secure necessary sites, handle civil petitions for business, such as relocation of members, handle civil petitions for moving expenses, and handle business affairs related to the implementation of the project, and S shall support and actively cooperate with the instant association and S.
② In the process of implementing the instant joint project, the instant partnership shall provide the instant land, implement the project by S, and S shall provide the instant partnership with the exclusive area of 25.7 square meters-18 households (two households) and 16 households among the 25.7 square meters-18 households (two households), and S shall provide the instant partnership with 16 households and S.