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(영문) 서울동부지방법원 2018.01.11 2016가단132865
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization composed of sectional owners who consent to reconstruction in order to implement the reconstruction project of the building “A” in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”). The Defendant is a sectional owner of the real estate listed in the attached Table 1 among the instant building.

B. On April 9, 2015, the management body of the instant building held a meeting of the management body and an explanatory meeting for the reconstruction project to pass a rebuilding resolution. From around that time, the management body of the instant building obtained the rebuilding resolution and the consent to the rebuilding project implementation agreement (hereinafter “instant consent”) stating the outline of the construction of the new building, the estimated amount of expenses for removal and new construction, the apportionment of expenses, the ownership of the sectional ownership of the new building, the ownership of the reconstruction project regulations (hereinafter “instant regulations”).

C. Until May 27, 2015, the management body of the instant building obtained the consent of at least 4/5 of sectional owners and at least 4/5 of voting rights, it determined that a rebuilding resolution under Article 47(2) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”) was established, and accordingly, the Plaintiff promoted the reconstruction of the instant building.

The main contents of the reconstruction project plan and the consent letter of this case issued by the management body of the building of this case to sectional owners at the time of the rebuilding resolution are as follows.

II.1. Repurchase Resolution and Consent to Implementation

(b) 11,690,356,000 won in aggregate for the costs of new construction of new construction of the estimated cost of removal and new construction of a building and other project costs: 15,000 won in aggregate for the costs of construction of new construction of a building and other project costs;

C. 1) Shares of expenses under item (b) 1) Land and buildings in which a sectional owner has invested in kind, and 2) a sectional owner who has agreed to re-building resolution in accordance with the re-building regulations, is supplied with neighborhood living facilities and sales facilities as a substitute, and pays or refunded settlement money.

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