[1] The validity of a rebuilding resolution which does not stipulate matters concerning the apportionment of rebuilding expenses

[2] In a case where the contents of the rebuilding resolution are modified after the rebuilding resolution was adopted effectively, whether an agreement by all union members is necessary (affirmative)

[3] The method of determining the apportionment of rebuilding expenses at the stage of rebuilding implementation

[1] According to Article 47 (2) of the Multi-Unit Residential Building Act, a resolution for rebuilding shall be adopted by a majority of not less than 4/5 of both sectional owners and voting rights. According to Article 47 (3) and (4) of the Multi-unit Residential Building Act, when a resolution for rebuilding is adopted, matters concerning the removal of the building and the apportionment of expenses incurred in the construction of the new building and matters concerning the allotment of sectional ownership of the new building shall be determined. Such matters shall not be determined under the principle of equity among sectional owners. The matters concerning the apportionment of rebuilding expenses shall be the basis for determining whether the sectional owners will participate in rebuilding while paying reasonable expenses, or whether the sectional owners will sell the sectional ownership, etc. in accordance with the market price and choose not to participate in rebuilding. The most important and essential part of the contents of the resolution for rebuilding is the most important and essential part of the contents of the resolution, and the apportionment or criteria for calculation shall be determined in such a way as not to reach an agreement on the apportionment

[2] According to Article 49 of the Multi-Unit Residential Building Act, each sectional owner who approved the resolution for rebuilding, each sectional owner who confirmed that he will participate in rebuilding in accordance with the contents of the resolution for rebuilding, and each designated purchaser who purchased sectional ownership or right to use site (including his successor) shall be deemed to have reached an agreement on rebuilding in accordance with the contents of the resolution for rebuilding. Since the rebuilding project is implemented by an organization composed of sectional owners, etc. after the resolution for rebuilding was made effective, the regulations on the Multi-Unitial Building Act, assembly and management body shall not be applied in principle, and the provisions on associations or incorporated associations under the Civil Act shall be applied according to the nature of the organization, but in changing the contents of the resolution for rebuilding, all members of the association need to reach an agreement.

[3] In a case where the general meeting of the association members makes a resolution on matters concerning the apportionment of expenses at the stage of the rebuilding without determining matters concerning the apportionment of expenses in the rebuilding execution, it is reasonable to interpret that a resolution by the majority of at least four-fifths of the association members is necessary by applying the quorum at the time of rebuilding resolution to ensure the equality among the association members who conflict with interests, and that the resolution shall not be made to maintain the equity among the association members.

[1] Articles 47 and 48 of the Multi-Unit Residential Building Act / [2] Articles 47 and 49 of the Multi-Unitial Building Act / [3] Article 47 of the Multi-unit Residential Building

Plaintiff 1 and 49 others (Attorney Ha-dae et al., Counsel for the plaintiff-appellant)

Loyal reconstruction housing association;

Seoul High Court Decision 97Na37052 delivered on February 19, 1998

The appeal is dismissed. The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

1. According to Article 47 (2) of the Multi-Unit Residential Building Act (hereinafter "the Multi-Unitial Building Act"), a resolution for rebuilding shall be adopted by a majority of not less than 4/5 of both sectional owners and voting rights. According to Article 47 (3) and (4) of the Multi-Unitial Building Act, when a resolution for rebuilding is adopted, matters concerning the removal of the building and the allocation of expenses incurred in the construction of the new building, and matters concerning the allotment of sectional ownership of the new building shall be determined. Such matters shall not be determined under the principle of equity among sectional owners. Such matters concerning the apportionment of expenses for rebuilding shall be determined by the sectional owners. The matters concerning the apportionment of expenses for rebuilding shall be the basis for selecting whether the sectional owners will participate in rebuilding, or not to sell the sectional ownership at the market price and not to participate in rebuilding. The most important and essential part of the contents of the resolution for rebuilding shall be determined to the extent that no agreement on the apportionment of expenses is reached at the execution stage of rebuilding, and the rebuilding resolution shall be null and void,

Meanwhile, according to Article 49 of the Aggregate Buildings Act, each sectional owner who approved the resolution for re-building, each sectional owner who confirmed that he will participate in re-building in accordance with the contents of the resolution for re-building, and each designated purchaser who purchased the sectional ownership or right to use site (including his successor) shall be deemed to have reached an agreement on re-building in accordance with the contents of the resolution for re-building. Since a reconstruction project is implemented by an organization composed of sectional owners, etc. who approved the resolution for re-building after the resolution for re-building was made effective, the regulations, assembly and management body under the Aggregate Buildings Act shall not be applied in principle, and the provisions on associations or incorporated associations under the Civil Act shall be applied according to the nature of the organization, but in changing the contents of the re-building resolution, the agreement

In light of the purport of each provision of the Aggregate Buildings Act, in cases where a resolution for reconstruction is made without determining matters concerning the apportionment of rebuilding expenses and a resolution is made at the general meeting of the association members at the stage of the execution of reconstruction, it is reasonable to interpret that a resolution by the majority of not less than 4/5 of the association members is necessary by applying mutatis mutandis the quorum of the special number of special number at the time of rebuilding resolution to ensure the equity among the association members in conflict of interests, and that it is not determined to maintain

The judgment of the court below to the same purport is just, and there is no error in the misapprehension of legal principles as to the quorum as alleged in the grounds of appeal.

2. In light of the records, we accept the decision of the court of first instance that it is difficult for the court below to determine that the management and disposal plan of this case, which set the cost sharing, for the same reasons as the reasoning of its explanation, is fair among union members, and there is no error of incomplete deliberation or mistake of facts as alleged in the grounds of appeal.

3. Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-sik (Presiding Justice)