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1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:
Defendant B.
Reasons
The Plaintiff filed the instant lawsuit against the Defendants and the Co-Defendant D Co-Defendant D, Ltd. (hereinafter “D”), and the court of first instance partially accepted the Plaintiff’s claim against the Defendants, and fully accepted the claim against D.
Accordingly, only the plaintiff and the defendants appealed against each part of the part against the defendants in the judgment of the court of first instance, and since the part against D in the judgment of the court of first instance is separated and confirmed as it is, the scope of the judgment of this court is limited to the part against the defendants.
Basic Facts
The Plaintiff is an association established for the purpose of the owner of the aggregate building A (hereinafter referred to as the “instant building”) in Seocho-gu Seoul Metropolitan Government E Land (hereinafter referred to as the “instant project site”) to remove the instant building and reconstruct new commercial buildings and officetels on the land (hereinafter referred to as the “instant reconstruction project”).
The Defendants are co-owners of the underground floor H of the instant building; Defendant B owns each real estate (shares) listed in the separate sheet No. 1; and Defendant C owns each real estate (shares) listed in the separate sheet No. 2.
(A) The building of this case, including the real estate listed in the separate sheet No. 1 list and each of the real estate listed in the separate sheet No. 2 list, is a old-age building for which more than 30 years have passed since its construction, and the need for reconstruction has been raised since 2007. From around 2017, some owners of the building of this case, including the Defendants, were the main axis, and the reconstruction project has been promoted in full scale. On December 29, 2017, I and 42, who were sectional owners, were the owner of the building, and obtained a building permit to newly construct an office building of 4th and upper floors underground and 18th floors above the ground, on the instant project site.
Co-owners who consent to the formation of a reconstruction association on March 16, 2018.