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(영문) 서울남부지방법원 2016.12.22 2016가합890
건축허가 신청절차 이행 등
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

The related plaintiffs and the defendant are co-owners who reside in the Guro-gu Seoul Metropolitan Government EF Loan (multi-household housing with a total of 24 households; hereinafter "the loan of this case").

[Plaintiff A] 2, 301, 2, 101, 301, 2, 101, 3, 102, 3, and 102, 2, 302, and 302, 2, and 302, 2, as shown in the attached list (hereinafter “the instant house”).

[] While promoting the reconstruction project of the instant loan, the Plaintiffs entered into a new construction agreement with the Cheongil Construction Industry Co., Ltd. (hereinafter “Cheongil Construction”) on December 2013 by stipulating that “2.8 billion won of construction cost, KRW 65 million of construction cost, KRW 78 million of each household, KRW 240 million of general sale, KRW 240 million of construction cost, and KRW 240 million of construction cost, and KRW 240 million of construction start-up after obtaining a building permit from the Gu office having jurisdiction over the Gu office having jurisdiction over the period of construction start-up and completing relocation of 24 households,” and attached the new construction agreement with the seals affixed by sectional owners.

(A) On August 22, 2014, Plaintiff A, B, and G held a resident general meeting of sectional owners with respect to the reconstruction construction of the instant loan (the existing 24 households and the general 6 households for sale in lots). On March 5, 2015, the Guro Building Committee received the result of deliberation and resolution on “Conditional consent” on the construction plan of the loan of this case subject to the adjustment of some architectural design from the Guro Building Committee, and held a resident general meeting to receive the confirmation of the construction deliberation and the building permission of the loan of this case in the presence of the representative director of the Cheongil Construction.

On December 29, 2015, the Plaintiffs filed an application for building permit with the head of Guro-gu, along with the “Register of Persons Consenting to Building Permits” (No. 2-1 through 3, hereinafter “Register of Persons Consent”). On January 12, 2016, the Plaintiffs submitted to the head of the Gu on January 6, 2016, a written revocation of the construction permit from the head of the Gu, on the ground that “the Defendant submitted the written revocation of the building permit to the head of the Gu on January 6, 2016.”

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