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1. The plaintiff's claim is dismissed.
2. With respect to cases where this Court applies for the suspension of compulsory execution, 2017 Chicago30842, October 2017
Reasons
1. Basic facts
A. E, F, G, H, I, J, K, L, and M (hereinafter “Ndong building owners”) and O, P, Q, R, S, T, and U (hereinafter “V building owners”) are co-owners of not less than 1,084§³ in Dongjak-gu Seoul Metropolitan Government and co-owners of the apartment house (two Dongs, 16 households) called “X-type building” constructed on the ground.
The instant building owner constituted a rebuilding promotion committee for X smoke (hereinafter “the instant reconstruction”), and on May 4, 200, appointed F as its representative and delegated all the affairs related to the reconstruction.
B. On June 30, 200, the instant re-building owner divided W large 1,084 square meters into W large 510 square meters and Y large 574 square meters (hereinafter collectively referred to as the “instant land”). The instant owners, who are the owners of W-based row housing, decided to construct one apartment unit (hereinafter referred to as the “Ndong”) with the first underground floor, the nine floors above ground, and the total 16 households above W-based apartment on the ground, and the owners, who are owners of W-based row housing, with the intention to construct one apartment unit (hereinafter referred to as “Vdong”) with the total 18 households above the ground.
C. In order to reconstruct the X-type of the construction contract with the Z Co., Ltd. (hereinafter “Z”), the owners of the Ndong building concluded, May 13, 2002, and on May 12, 2002, the owners of Vdong building concluded the reconstruction contract (hereinafter “instant 1”) with the Z as follows:
Article 4 (Method of Implementation of Projects) (1) The owner of the instant building shall provide the Z with the instant land owned by the owner of the instant building, and in return, he shall be supplied with the apartment and accessory welfare facilities newly built in return therefor.
(2) The Z shall invest necessary project expenses in the site referred to in paragraph (1) provided by the owner of the instant building in accordance with the design documents approved by the head of the competent local government, terms of the contract, etc.