Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an organization composed of sectional owners who consent to reconstruction in order to implement the reconstruction project of the building “A” in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”). The Defendant is a sectional owner of the real estate listed in the attached Table 1 among the instant building.
B. On April 9, 2015, the management body of the instant building held a meeting of the management body and an explanatory meeting for the reconstruction project to pass a rebuilding resolution. From around that time, the management body of the instant building obtained the rebuilding resolution and the consent to the rebuilding project implementation agreement (hereinafter “instant consent”) stating the outline of the construction of the new building, the estimated amount of expenses for removal and new construction, the apportionment of expenses, the ownership of the sectional ownership of the new building, the ownership of the reconstruction project regulations (hereinafter “instant regulations”).
C. Until May 27, 2015, the management body of the instant building obtained the consent of at least 4/5 of sectional owners and at least 4/5 of voting rights, the management body of the instant building determined that a rebuilding resolution under Article 47(2) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”) was established, and accordingly, the Plaintiff promoted the reconstruction of the instant building.
II.1. Repurchase Resolution and Consent to Implementation
(b) 11,690,356,000 won in aggregate for the costs of new construction of new construction of the estimated cost of removal and new construction of a building and other project costs: 15,000 won in aggregate for the costs of construction of new construction of a building and other project costs;
C. 1) Allocation of expenses under item (b) 1) Business facilities (officetels received from the general public by the sectional owners who have agreed to re-building resolution in accordance with the re-building regulations, after being supplied with neighborhood living facilities and sales facilities as a substitute, or by the sectional owners who have agreed to re-building resolution. 3) Business facilities (officetels) are supplied to the general public with the remaining buildings remaining after water supply as substitute.