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(영문) 서울동부지방법원 2011.05.13 2010가합15293
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a 123 unit apartment complex in the 123 unit of D apartment complex on the ground of Songpa-gu Seoul and 13 unit (hereinafter "the apartment complex of this case") and the 9 unit apartment complex located under the 37, 44, 69, 85 unit of the apartment complex of this case and the 9 unit of the 9 unit located under the 85 unit of the apartment complex of this case (the 203 unit of the apartment complex of this case) and the 1 unit of the 203 unit building

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents") was amended on September 12, 2001 by the head of Songpa-gu and 10 households as the members of the association who consent to the reconstruction resolution among the 5,612 households of sectional owners. The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents").

With the enactment of this Act and the implementation from July 1, 2003, the registration of incorporation was completed on July 30, 2003, and on March 17, 2004, the reconstruction project of the apartment complex of this case (hereinafter referred to as "the reconstruction project of this case") is referred to as "the reconstruction project of this case" with the approval from the head of Songpa-gu Office

It is the reconstruction improvement project association that is implementing the plan.

The plaintiffs were the persons who were the above comprehensive owners of the above shares, and did not join the defendant's association against the reconstruction promoted by the defendant.

B. The apartment reconstruction promotion committee of the case does not exceed the C apartment reconstruction promotion committee established to reconstruct the apartment complex of this case.

Around September 1993, a written consent was obtained from 4,863 households that reached about 90% of the entire sectional owners of the apartment complex of this case to consent to the reconstruction project promoted by the apartment reconstruction promotion committee of this case.

On November 6, 1993, the apartment reconstruction promotion committee of this case held the inaugural general meeting of the reconstruction association with the consent of the reconstruction resolution, the approval of the articles of association deliberation, the election of officers, the selection of the contractor, and the approval of the business plan. The apartment complex of this case which consented to reconstruction by the time.

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