1. All appeals filed by the Defendant and the Intervenor are dismissed.

2. The appeal costs accrue between the Plaintiff and the Defendant.

Details of the disposition

In order to establish a reconstruction association pursuant to Article 44-3 of the former Housing Construction Promotion Act (amended by Act No. 6852 of Oct. 1, 2003; hereinafter “former Promotion Act”), housing owners who have agreed to establish a housing reconstruction association in Gangnam-gu Seoul, Seoul shall hold an inaugural general meeting with 160 persons among 311 consenters on April 10, 200, and passed a resolution with the consent of 160 members of the association to newly construct a building of 92,79 square meters in total floor area, 5,484 square meters in total building area, 29,79 square meters in total building area, 160 square meters in total building area, 29,779 square meters in building area, 5,484 square meters

(A) A cooperative established at the above inaugural general meeting (hereinafter “former cooperative”). A previous cooperative filed an application for safety inspection of the said rebuilding zone by dividing the said rebuilding zone from 1 block to 7 block on November 4, 2002. Around March 31, 2003, only one through 4 block (hereinafter “1-4 block”) was determined as the object of a thorough safety inspection. On June 26, 2003, the previous cooperative was notified of the completion of safety inspection by the Defendant on June 26, 2003. On June 24, 2003, the previous cooperative held a general meeting of 174 members present at the general meeting (hereinafter “the general meeting of 2003”) among 316 members, and applied for the establishment of a new block with the consent of all members present at the meeting for modification of the contents of the previous rebuilding and reconstruction project (Article 4), and the remainder of 1-4 block (hereinafter “the association establishment authorization”).

The consent of rebuilding resolution and rebuilding project contents among the total revision and the design outline of the new building among the rebuilding project contents. ① The design outline of the new building by block (1 to 7 block) shall be 5,988.53 square meters of 173.35% through 2 block omitted of 173.35%, and 157.72% through 7 block of 157.72% of the total floor space and size of the site area of the new building by block.