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1. Revocation of the first instance judgment.
2. The Plaintiff:
A. Defendant B is paid KRW 16,135,00 by the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) Status of parties, etc. 1) F market reconstruction and maintenance project association (hereinafter “instant association”).
) The commercial building of the size of the first floor above and the first floor above the ground, which was used as the commercial building in the F market (hereinafter “instant building”) shall be the commercial building of the F market.
) A reconstruction project (hereinafter referred to as “instant reconstruction project”)
(2) The Plaintiff is a reconstruction association established on August 16, 2016 for the purpose of running the housing construction business, and is a joint executor conducting the reconstruction business of this case together with the instant association. The Defendants are the sectional owners of the instant building.
B. 1) The sectional owners of the instant building shall be determined by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) around 2006.
(2) On November 17, 2015, the instant association established the instant building and its site for the purpose of implementing a reconstruction improvement project, but thereafter, the progress of the said reconstruction improvement project was delayed due to the internal circumstances, etc. of the instant association. (2) Accordingly, the instant association decided to implement a reconstruction project under the Act on Ownership and Management of Condominium Buildings, other than the reconstruction improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions (hereinafter referred to as the “Aggregate Buildings Act”) and decided to undertake a reconstruction project on November 17, 2015 for the sectional owners of the instant building, including the cases of election of the president and officers of the association (title 1), the cases of the modification of the articles of incorporation (title 2), the cases of the alteration of the project plan and the resolution of the reconstruction (title 3), the cases of the alteration of the joint executor’s general meeting (title 4), and issued a notice of convening an extraordinary general meeting on December 3, 2015, the notice of convening the project plan as follows.
1. 사업시행방식 ◆ 집합건물법의 규정에 따라 기존 상가를 모두 철거하고 그 대지를 이용하여 공동주택을 신축하여 조합원들에게 우선...