1. Revocation of the first instance judgment.

2. The plaintiff and the defendant B received KRW 4,389,00 from the plaintiff at the same time.

Basic Facts

On July 28, 2006, the owners of the instant commercial building H of the Geumcheon-gu Busan Metropolitan Government (hereinafter “instant commercial building”) established the I Market Reconstruction and Improvement Project Association (hereinafter “the instant association”) in order to perform an urban environment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

However, the project was suspended for about 8 years and 6 months, and the project implementation plan approval was revoked on July 26, 2016, and around August 24, 2016, respectively.

The instant association decided to undertake a reconstruction project under the Act on Ownership and Management of Condominium Buildings (hereinafter “the instant reconstruction project”), which is not a rearrangement project under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), and issued a notice of convening an extraordinary general meeting on November 17, 2015, with the content that the instant association’s sectional owners of the instant shopping district shall hold an extraordinary general meeting on the following: (a) the cases of election of union presidents and executives (title 1); (b) the modification of the project plan; (c) the modification of the rebuilding plan; and (d) the cases of the modification of the joint executor’s business plan (title 3); and (e) the cases of the alteration of the joint executor’s company (title 4) on the agenda of the instant reconstruction project.

The notice of convening an extraordinary general meeting was accompanied by the reconstruction business plan (hereinafter referred to as the "instant business plan") with the following contents:

III. Project Promotion Plan;

1. 사업시행방식 ◆ 집합건물법의 규정에 따라 기존 상가를 모두 철거하고 그 대지를 이용하여 공동주택을 신축하여 조합원들에게 우선 분양하고, 잔여분에 대하여는 일반분양한다.

2. 조합원 분양방법 ◆ 전체조합원에게 주택법이 정하는 방법에 따라 1세대씩 분양하는 것을 원칙으로 하고, 구분소유권의 면적에 따라 조합원의 신청으로 수명이 1개의 주택을 공동으로 분양받을 수 있도록 할 수도 있다.

◆ 주택의 분양금액은 층별에 따라 3.3㎡당 900~950만 원으로 정한다.

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