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1. The instant lawsuit shall be dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Reference to the Seoul High Court Decision 2014Na21412 case (Seoul Western District Court 201Gahap3442 case), the Seoul High Court 2013Na11494 case (Seoul Western District Court 2010Gahap15431 case) and the Seoul High Court 2013Na2006313 (Appellate Court of Seoul Western District Court 2012Gahap32348 case) and the process of constructing the building of this case, etc.
A. Co-owners of the Mapo-gu Seoul Metropolitan Government B large scale 370 square meters and C large scale 1,038 square meters intend to remove existing buildings on each of the above sites and reconstruct an officetel building (hereinafter “instant construction”). Around May 2003 to June 6, 2003, D entered into a contract for each reconstruction project with E Co., Ltd. with the representative director.
According to the above rebuilding project agreement, the above site co-owners of the building site prepared the rules of the reconstruction association for the construction of an officetel building and used the name of the association member, but the building owner was the co-owners of the building site who are not the association, and the contract for construction work is also concluded jointly by the co-owners of the building site, and it is determined that the building site co-owners were not the non-corporate group but the human combination association (the construction of an officetel which is not the house and the construction of an officetel which is not the house can not be approved by the reconstruction Association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents).
(Article 20, Section 21). (b) of the terms of a reconstruction project agreement.
D The F Co., Ltd., the representative director of which is the F (hereinafter referred to as the “F”) followed the status of E Co., Ltd. under each of the above reconstruction projects and carried out a reconstruction project between the Seoul Mapo-gu and C site.