(영문) 서울중앙지방법원 2017.04.26 2016가합509377

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(영문) 서울중앙지방법원 2017.04.26 2016가합509377

매매대금

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1. The plaintiff's action against the defendant Y Building Reconstruction Committee shall be dismissed;

2. Defendant C, D, E, F, G, H, I, J, K, L, M.

Reasons

1. Basic facts

A. The Plaintiffs are the 1st floor underground and the 7th floor above the ground in the Zpo-si, Militarypo-si (hereinafter “instant building”).

) No. 160-2 (hereinafter “instant commercial building”)

A) Each owner owns one half of the shares of the instant building, and Plaintiff A owned the share of the said golf range (hereinafter “instant golf range”). Plaintiff A owned the share of the said golf range with respect to the instant golf range as the outdoor golf range consisting of at least half of the building’s steel frame and its water network (No. 301, 401, 601, 501, 601, 701, and 701).

2) The remaining Defendants (hereinafter “Defendant’s members”) except for Defendant Y Building Reconstruction Committee (hereinafter “Defendant Committee”) are the owners who own the shares of 5.15/100 of the instant building. The owners who own the sectional ownership or shares of each store of the instant building.

B. 1) On June 23, 2010, the rebuilding project of this case (hereinafter referred to as the “building reconstruction project of this case”) under the Plaintiff’s convening, a manager of the instant building on June 23, 2010.

2) From May 25 to June 27, 2011, the management body meeting was held with respect to the promotion of the building of this case. 22 members who participated in the assembly among the 25 sectional owners of the 22 stores of this case formed the defendant committee for the reconstruction of the building of this case and the promotion thereof, and agreed to the resolution for reconstruction and the appointment agreement of representatives to the defendant committee. 2) Of the 25 sectional owners of the building of this case, the remaining 23 members except the defendant W (the name before the opening of the name: X) and AA among the 25 sectional owners of the building of this case, agree to the reconstruction of the building of this case, along with the design outline, the calculation amount of the cost of removal and new construction, the share of expenses, and the matters concerning the allotment of sectional ownership rights.

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