1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an organization consisting of sectional owners who consent to the reconstruction of this case in order to implement the reconstruction project (hereinafter “the reconstruction of this case”) of the “A” building located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”). The Defendant is the sectional owners of the first floor of 10 floors underground among the instant building.

B. On April 9, 2015, A management body held a meeting of the management body and an explanatory meeting for reconstruction projects for resolution on reconstruction.

In addition, prior to and after this, a resolution to re-building and a written consent to the implementation of the project (hereinafter “instant consent”) stating the outline of the construction of the new building, the estimated cost of the removal of the building and the construction of the new building, the apportionment of expenses, the ownership of the sectional ownership of the new building, the consent to the rebuilding project regulations (hereinafter “instant regulations”). By May 27, 2015, at least 4/5 of sectional owners and at least 4/5 of voting rights have been collected.

C. A management body held that a rebuilding resolution (hereinafter “the rebuilding resolution of this case”) was established by meeting the requirements stipulated in Article 47(2) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), and accordingly, the Plaintiff promoted the reconstruction of this case.

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

II.1. Repurchase Resolution and Consent to Implementation

(a) A 6,770.40 square meters (2,048.05 square meters) with a site size of 54,157.02 square meters (16,382.5 square meters) with a building-to-land ratio of 31,813,23 square meters (9,623.5 square meters) with a capacity of 85,970.25 square meters (26,006.0 square meters) with a capacity of 79.90 percent with a capacity of 56.15 percent (26,06.0 square meters) with a capacity of 6,770.40 square meters with a total floor space for a newly-built building: an underground floor of 6-2 stories / commercial building, and a neighboring facility: an underground floor of 7-Ground 32 square meters;

(b) Buildings;