1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The defendant is a reconstruction association established pursuant to the former Housing Construction Promotion Act (amended by Act No. 6919 of May 29, 2003) for the purpose of rebuilding the R apartment constructed on the ground of the Gangnam-gu Seoul and two lots (hereinafter referred to as the "former apartment").

The plaintiffs are the co-owners of the old apartment of this case and are the members of the defendant.

B. The Defendant’s establishment of the instant apartment was composed of 258 households in total (230 households in house, 230 households in commercial building, 28 households in commercial building). Of the sectional owners of the instant apartment, on August 20, 200, the 178 persons among the sectional owners of the instant apartment held an inaugural general meeting on August 20, 200, and decided to remove the instant apartment and build new apartment on the ground with the consent of the said 178 persons and 30 persons holding the written resolution.

On October 10, 200, the defendant obtained approval for the establishment of housing association from the head of Gangnam-gu Seoul Metropolitan Government on March 11, 2003.

C. The plaintiffs' application for parcelling-out and the defendant's drawing 1) made a resolution on May 1, 2004 by holding an extraordinary general meeting of the association members. Article 7 of the management and disposal plan as above provides for the standards for parcelling-out to the association members of the building facility. Article 7 (4) of the management and disposal plan provides that "in the case of a union member who fails to file an application for parcelling-out in the period of filing an application for parcelling-out, the union members who completed the application for parcelling-out shall voluntarily allocate the balance and the remaining households after allocating the same, and shall not raise any objection thereto."

2. After the above extraordinary general meeting, the Defendant received the application for parcelling-out from the members from June 1, 2004 to June 4, 2004. Some sectional owners, including the Plaintiffs, shall prepare an application for parcelling-out presented by the Defendant and put the application for parcelling-out in one bag and enter the application for parcelling-out in one bag and the application for parcelling-out in two-one form on the outer side of the envelope in B’s name.