1. All of the plaintiffs' claims are dismissed.

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

Details of the disposition

The defendant is a reconstruction maintenance project association established for the purpose of implementing housing reconstruction project (hereinafter "the project of this case") in the Namyang-si, Namyang-si, and the plaintiff A is a member of the 3rd floor E of the commercial apartment building of this case (hereinafter "the apartment of this case"), the 3rd floor E of the commercial building of this case, and the 3rd floor F of the commercial building of this case, and the 2nd floor F of the apartment building of this case, and the plaintiff B applied for the sale of the commercial building to be newly constructed as the project of this case.

On July 30, 2017, the Defendant: (a) held a general meeting of partners (hereinafter “instant general meeting”); and (b) deliberated on the “case of formulating a plan for modifying the management disposition” in a lump sum; (c) held 745 members from among 1,135 members and passed a resolution thereon with the consent of 713 members; and (d) obtained authorization of the management and disposition plan (hereinafter “instant management and disposition plan”) that was resolved as above from the Namyang-si on September 20, 2017.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1, 2-6, 11, 3, Eul evidence Nos. 1, 2-1, and 2-1 through 3, and the purport of the whole pleadings of this case as to the legitimacy of the management disposition plan of this case, Article 46-6 of the defendant's articles of incorporation of the defendant's assertion that "the incidental facilities, such as commercial buildings, etc. constructed within the project implementation district, may establish a management and disposition plan separately from the apartment houses according to the agreement that is separately determined by the association with the work executor after consultation with the work executor." Although the defendant decided to establish a management and disposition plan separately from the housing owner, the defendant did not separately determine the part of the commercial district, and established the management and disposition plan of this case based on the

Therefore, the management and disposal plan of this case should be revoked because it contains a defect in the part of the commercial building.

The Seoul Special Metropolitan City Policy.