[1] The case holding that a resolution for reconstruction of apartment houses is valid at the end of residential part as to the commercial building which remodeled residential building

[2] Where there are several peremptory notices as to whether to participate in reconstruction, the highest term of "the expiration date" under Article 48 (4) of the Multi-Unit Residential Building Act is the basis for "the maximum term expiration date"

[1] It is difficult to deem that a resolution to reconstruct a residential building that was originally residential building to be a commercial building is lost to the extent that it would deny the validity of the resolution.

[2] In case where there are several peremptory notices on whether to participate in reconstruction, the peremptory notice under Article 48 (4) of the Multi-Unit Residential Building Act, which serves as the basis for "from the expiration date of the maximum period", shall be the final peremptory notice given.

[1] Article 47 (4) of the Multi-Unit Residential Building Act / [2] Article 48 of the Multi-Unitial Building Act

Maritime Reconstruction Association (Attorney Park Im-soo, Counsel for the plaintiff-appellant)

Go Jae-in and eight others (Attorneys Bae Ki-won et al., Counsel for the plaintiff-appellant)

Daegu High Court Decision 96Na6098 delivered on April 23, 1997

1. The Plaintiff:

A. At the same time when the plaintiff received 94,00,000 won for each of the real estate listed in the separate sheet (1), Defendant Ko Jae Jae-in, the first half of the shares of the real estate listed in the separate sheet (1), and Defendant Jin-he, the first half of which were the first half of the same month, performed the procedure for the transfer of ownership based on the sale on the 10th of the same month, and the above Defendants and Defendant Cho Jae-in, the first half of which was the above real estate.

B. Defendant Jeong Jong-sung, upon receiving KRW 188,00,000 from the Plaintiff, performed the registration procedure for ownership transfer on January 10, 1996 for the real estate listed in the [Attachment List (2] at the same time, and ordered the above Defendant and Defendant Kim Jong-Un to issue an order;

C. At the same time, Defendant Cho Jong-gu received KRW 130,00,000 from the Plaintiff, and implemented the registration procedure for transfer of ownership based on the sale on the same day, and the above Defendant and Defendant Cho Jong-hee ordered the above real estate;

D. Defendant Song Jong-dae et al., at the same time receiving KRW 150,00,000 from the Plaintiff, performed the procedure for the registration of ownership transfer on the same day with respect to the real estate listed in the separate sheet (4), and ordered the above real estate within three months from the date of receiving the money;

E. At the same time, the defendant Lee Byung-soo received 150,000,000 won from the plaintiff, and performed the procedure for the registration of ownership transfer based on the sale on the same day, and ordered the above real estate.

2. The plaintiff's remaining claims against the defendant Song Jong-dae are dismissed.

3. The costs of lawsuit shall be borne by the defendants.

An order No. 1-A. (b), (c), (e), and (3) and the order of the defendant Song Jong-dae shall be paid KRW 150,00,00 by the plaintiff at the same time with respect to the real estate stated in the separate sheet (4) at the same time, the procedure for the registration of ownership transfer based on the sale date of delivery of the copy of the complaint of this case, and the order to surrender the above real estate, and the provisional execution order with respect to each part of the above

1. Basic facts

As to the plaintiff's assertions as follows, the defendant Doj's confessions pursuant to Article 139 of the Civil Procedure Act, and there is no dispute between the plaintiff and the other defendants, or between Gap 1 through 4, 11 through 15, Gap 5-1 through 4, Gap 6-1 through 5, Gap 7-1 through 4, Gap 7-1 through 7-5, and Eul 8-1 through 5, and the witness's testimony as to the appraiser's handy, the result of the appraisal entrustment and the whole purport of the pleadings by this court, and there is no counter-proof.

A. On the 302-136th 136th 136th 1, 1978, 2 Yabab apartment units and annexed facilities located on the ground were constructed in 1978, and they were old, damaged, and required excessive expenses for their management due to the passage of a considerable period. On April 15, 1995, the above apartment units were demolished by a resolution of not less than 4/5 of the sectional owners and voting rights. On the 15th 1995, for sectional owners who constructed a new main apartment building on the 35th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e

B. However, among the apartments subject to the above reconstruction, the defendant Go Jae-woo, the same rush, the same rush, the same rush, the same pasular, the same lusium, and the same e-mail order were not approved by the above rebuilding resolution. The plaintiff union issued written notice to the above defendants about whether to participate in the above rebuilding project around July 26, 1995, and then received each of the above defendants around September 23 of the same year. Accordingly, the above defendants did not reply within 2 months from the last day of the rebuilding, and the plaintiff union received the above defendants' resolution and the plaintiff union requested that the defendants sell each of the real estate of this case, which were owned by them, to the plaintiff union according to the market price of the plaintiff union.

C. In addition, the real estate listed in the same list (1) is leased and possessed by Defendant Cho Jong-I, and the real estate listed in the same list (2) is owned by Defendant Kim Jong-I, and the real estate listed in the same list (3) from each of the above sectional owners.

D. Meanwhile, the market price of each real estate of this case as of January 1, 1996 at the time of delivery of a duplicate of the complaint to the above Defendants is KRW 150,00,000 for each real estate listed in the separate sheet (1), 188,00,000 for each real estate listed in the separate sheet (2), and KRW 130,000 for real estate listed in the same list (3), and KRW 150,000 for each real estate listed in the same list (4), and (5) for each real estate.

2. Judgment on the plaintiff's assertion

According to the above facts, under Article 48(1) through (4) of the Multi-Unit Residential Building Act, the Plaintiff Union acquired the right to claim the sale of each of the instant real estate at the market price on the Defendant Go Jae-do, the same prudente, the same king Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue Plue P.

3. Judgment on the defendants' assertion

A. Determination as to the assertion of the deceased Jae-in, the same prudent and the same sublime

The above defendants should maintain equity among sectional owners with respect to the ownership of the sectional ownership of the new building to remove the old building and build a new building. However, although the plaintiff union concluded a rebuilding joint project agreement with the non-party 1 construction company, the work executor, and concluded a rebuilding joint project agreement with the above defendants who own the commercial building, but who did not know the commercial building part and would make the above defendants enjoy housing part on the building site, and clearly treat the above defendants considerably unfair treatment. Thus, the above defendants asserted that there are justifiable reasons for not consenting to the rebuilding resolution of the plaintiff union. Thus, the rebuilding resolution of the plaintiff association with the contents that allow the above defendants to use non-commercial part, but it is difficult to view that the above defendants' rebuilding resolution was made, as stated above, Gap's 10-1 and 2's each statement and testimony of the witness Na, the whole apartment of this case was originally residential part, but it cannot be seen as using the building's re-building part to the extent that it lost its original purpose by changing the building's residential part to the non-building resolution of the plaintiff association.

B. Determination as to the argument of the defendant Song Jong-sung

As the order of the defendant Song Jong-Un, the union notified the defendant in writing as to whether the plaintiff union participated in the rebuilding resolution on April 12, 1995, 2 times on July 26 of the same year, and 3 times on September 23 of the same year, and since the date of resolution for rebuilding resolution of the plaintiff union on April 15 or 17 of the same year, it should be the peremptory notice to the above defendant on July 26 of the same year, which is after the date of resolution for rebuilding resolution, after the date of the above peremptory notice. Since the plaintiff union did not request sale by the above defendant by September 26 of the same year, which is within 2 months from the above peremptory notice, the plaintiff union did not make a request for sale by the above defendant within 9 months after the expiration of the maximum period, and therefore, the rebuilding resolution has become binding in relation to the defendant, it shall be deemed that the above sectional owner's right to participate in the rebuilding has not reached the maximum period of two months before the expiration of the rebuilding resolution.

4. Conclusion

Therefore, at the same time with the payment of KRW 94,00,00 from the Plaintiff Union, the above Defendants and the above Defendants are obligated to implement the procedure for the transfer of ownership of each share on the grounds of the sale date stated in the separate sheet (1) and to order the above real estate. At the same time with the payment of KRW 188,00,000 as stated in the separate sheet (2) and the above Defendants and the above Defendants are obliged to take the procedure for the transfer of ownership on the ground of the sale date stated in the separate sheet (3) and to specify the above real estate as to the above real estate. The above Defendants and the above Kim Jong-tae are also obligated to take the procedure for the transfer of ownership on the ground of the sale date stated in the separate sheet (3) and to specify the above real estate in the separate sheet (4) for the above 90,000,000,000,000,000,000,000 won and the above real estate for the above 90,000,00,000.

Judges Kim Jung-soo (Presiding Judge) Kim Il-il

Table (1)

The indication of one building

Daegu Northern-dong 2 302 136 Nabaun apartment

A) A 5-story apartment complex of reinforced concrete slive roof (A)

1, 2, 3, 4, 5 each floor of 182.76 square meters;

Indication of land which is the object of site ownership

Daegu Northern-dong 2, 302 136 large 3,053.1 square meter, 302

Indication of the building for exclusive use

reinforced concrete building 101 101

30.46 square meters

Indication of Site Ownership

60.77/1/3,053 lasts of all ownership.

Table 2(2)

The indication of one building

Daegu Northern-dong 2 302 136 Nabaun apartment

A) A 5-story apartment complex of reinforced concrete slive roof (A)

1, 2, 3, 4, 5 each floor of 182.76 square meters;

Indication of land which is the object of site ownership

Daegu Northern-dong 2, 302 136 large 3,053.1 square meter, 302

Indication of the building for exclusive use

built of reinforced concrete 102 102

30.46 square meters

Indication of Site Ownership

60.77/1/3,053 lasts of all ownership.

Table 3 (3)

The indication of one building

Daegu Northern-dong 2 302 136 Nabaun apartment

A) A 5-story apartment complex of reinforced concrete slive roof (A)

1, 2, 3, 4, 5 each floor of 182.76 square meters;

Indication of land which is the object of site ownership

Daegu Northern-dong 2, 302 136 large 3,053.1 square meter, 302

Indication of the building for exclusive use

built of reinforced concrete 3 304

30.46 square meters

Indication of Site Ownership

60.77/1/3,053 lasts of all ownership.

Table (4)

The indication of one building

Daegu Northern-dong 2 302 136 Nabaun apartment

A 5-story apartment non-B (B) 5-story of reinforced concrete structure

1, 2, 3, 4, 5 each floor of 138.4 square meters;

Indication of land which is the object of site ownership

Daegu Northern-dong 2, 302 136 large 3,053.1 square meter, 302

Indication of the building for exclusive use

built of reinforced concrete 401 401

34.6 square meters

Indication of Site Ownership

6.1/3,053 lasts of all ownership.

Table 5 (5)

The indication of one building

Daegu Northern-dong 2 302 136 Nabaun apartment

A 5-story apartment non-B (B) 5-story of reinforced concrete structure

1, 2, 3, 4, 5 each floor of 138.4 square meters;

Indication of land which is the object of site ownership

Daegu Northern-dong 2, 302 136 large 3,053.1 square meter, 302

Indication of the building for exclusive use

built of reinforced concrete 404 No. 404

34.6 square meters

Indication of Site Ownership

6.1/3,053 lasts of all ownership.