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(영문) 서울고등법원 2019.06.04 2018나2063724
소유권이전등기
Text

1. The part against Defendant B among the judgment of the first instance is revoked, and the Plaintiff’s claim against Defendant B is dismissed.

2...

Reasons

In order to obtain the approval of the project plan of the instant remodeling project, a separate resolution (hereinafter “the instant separate resolution”) is submitted from the sectional owners of the instant apartment.

The separate resolution of this case indicates the contents of the modified remodeling project, and states the cost sharing details as follows:

(1) The association shall impose and collect the expenses required for the project in accordance with the association rules, make a provisional settlement at the time of the determination of the contributions, and fix the settlement money at the time of the liquidation of the association.

(2) calculate the value of the assets owned by its members as prescribed by the union rules and the plan for the change of rights (general meeting) and bear the cost at that rate.

(3) Estimated amounts of contributions by house owned by each association member as shown in the example of the method of estimating contributions by house owned by each association member = The estimated amount of contributions by house held by each association member after remodeling - [The assessed price of previous house owned by each association member x allocation rate*] distribution rate* (the total estimated price of house after completion of the project - the total appraised price of previous house - the total appraised price of previous house

C. The Defendants did not submit the instant written consent to the Plaintiff. On April 6, 2017, the Plaintiff demanded the Defendants to clarify their consent to the instant remodeling project by content-certified mail, and the Plaintiff sent a peremptory notice to the effect that, in the event that the Defendants’ submission of a dissenting opinion on the remodeling project or delayed the response to the highest demand, the Defendants would proceed with legal procedures, such as requesting for sale (hereinafter “instant peremptory notice”).

(2) The Defendants did not answer the instant peremptory notice. The Defendants did not answer the instant peremptory notice.

Article 22(2) and (3) of the former Housing Act and the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) by serving a duplicate of the complaint in this case upon the Defendants in filing the instant lawsuit on August 4, 2017.

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