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(영문) 수원지방법원성남지원 2011.10.12 2011가합7204
원상복구 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B apartment housing reconstruction and rearrangement project association (hereinafter “Defendant association”) consists of sectional owners for the purpose of rebuilding G apartment and D apartment, which are apartment units on the land E, C, and F in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, and Sungnam-gu. At the time, the Plaintiff was the owner of the said D apartment 4 Dong 501 (hereinafter “instant apartment”).

B. The Defendant Cooperative obtained the approval of the business plan on June 30, 2003 from the Sungnam mayor, and the approval of the modification of the business plan on November 26, 2003, and ordered the removal of existing apartment and new construction of new apartment units to the Defendant Branch Construction Co., Ltd. on February 2004, the removal work was conducted since February 2004, and the new construction work was conducted from October 2004.

C. On July 24, 2007, the completion of the new construction work of the apartment of the Defendant Branch Es. Construction Co., Ltd., the Defendant Cooperative obtained the completion authorization from the Sungnam market, and the relocation notification was made on September 2007 pursuant to Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions

[Evidence] Facts without dispute, Eul's entry in the evidence Nos. 1, 2, 3 and 3-1 to 4-3 of the evidence Nos. 6-1 to 8-3, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's summary of the plaintiff's assertion is that the plaintiff did not consent to the rebuilding resolution of the defendant union. Thus, the resolution of the inaugural general meeting of the defendant union on September 28, 2002, the approval of the business plan on March 8, 2003, the approval of the management and disposition plan on August 24, 2003, and the approval of the construction contract on April 24, 2004 are all null and void, and both the approval of the establishment, the approval of the alteration, the approval of the business plan, and the approval of the completion are unlawful.

Nevertheless, on August 26, 2004, the apartment building of this case was removed from the wind that is promoted as it is, and on September 2007, the lot number of the apartment site of this case was cancelled.

Therefore, the defendants are originally subject to the apartment of this case.

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