재건축결의무효 등 확인의 소
1. The actions of the Plaintiff R, AA, and AF shall be dismissed.
2. Re-building in the attached Form No. AR building management body on May 27, 2015.
1. Basic facts
A. 1) The remaining Plaintiffs, other than Plaintiff R and AA, are the “AR building” located in Gangdong-gu Seoul Metropolitan Government AS (hereinafter “instant building”).
2) Defendant AR building management body (hereinafter “Defendant AR building management body”) is a management body established automatically pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Building Act”), and Defendant AR building reconstruction committee (hereinafter “Defendant AR building reconstruction committee”) is an organization composed of sectional owners who consent to the reconstruction of this case (hereinafter “the reconstruction of this case”).
B. On May 27, 2015, the Defendant management body held a meeting of the management body and a presentation for the reconstruction project on April 9, 2015 for the resolution of reconstruction. In addition, before and after this, the design outline of the new building, the estimated amount of expenses for removal and new construction, the apportionment of expenses, the ownership of the sectional ownership of the new building, and the rebuilding project regulations (hereinafter “instant regulations”).
2) The written consent of the rebuilding resolution and the written consent to the implementation of the project (hereinafter “instant written consent”) stating the consent, etc.
(2) The Defendant Management Body determined that the rebuilding resolution (hereinafter “the rebuilding resolution of this case”) was established by meeting the requirements prescribed in Article 47(2) of the Multi-Family Building Act, and accordingly, the Defendant Reconstruction Committee promoted the reconstruction of this case by pursuing the reconstruction of this case.
3) The main contents of the reconstruction project plan and the written consent of this case issued by the Defendant Management Body to sectional owners at the time of the resolution for reconstruction of this case are as stated in the resolution for reconstruction. C. June 22, 2016 (the Defendant Reconstruction Committee’s resolution on the draft resolution on June 22, 2016).