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(영문) 서울동부지방법원 2017.11.30 2016가단132209
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an organization consisting of sectional owners who consent to the reconstruction in order to implement the reconstruction project (hereinafter “instant reconstruction”) of the building “A” located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”). The Defendant is a sectional owner of the real estate listed in 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 written consent for the implementation of the rebuilding project (hereinafter “instant consent”) stating the outline of the construction of the newly constructed building, the estimated cost of removal and new construction, the apportionment of expenses, the ownership of the sectional ownership of the newly constructed building, the consent to the rebuilding project regulations (hereinafter “instant agreement”).

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, the management body of the instant building determined that a rebuilding resolution under Article 47(2) of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”) was established, and accordingly, the Plaintiff promoted the instant reconstruction.

The rebuilding project plan issued by the management body of the building of this case to sectional owners at the time of the resolution for rebuilding of this case and II.1. Resolution and consent to rebuilding and project 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) The land and buildings in which the sectional owner has invested in kind) the sectional owner who has agreed to the rebuilding resolution in accordance with the rebuilding resolution in this case is supplied with neighborhood living facilities and sales facilities as a substitute, and the remaining buildings remaining after the provision of substitute buildings to the sectional owner who has agreed to the third rebuilding resolution.

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