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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. The relevant Plaintiffs are the reconstruction improvement project association established with 45 members for the purpose of rebuilding and construction of apartment houses on the ground of the Jincheon City Land (hereinafter “the instant tenement house”) and the Defendant is the reconstruction improvement project association established with the aim of rebuilding and constructing apartment houses on the ground of the Jincheon City Land.
B. (1) Around May 2006, the Defendant Association Establishment Promotion Committee (hereinafter “Defendant Association Promotion Committee”) tried to exclude the Plaintiffs, who are the owners of the building in the instant apartment house, in the process of promoting reconstruction of the instant apartment house, from the building without the consent of reconstruction.
(2) However, the instant reconstruction project complex is registered in the form of co-ownership share, and it was impossible to reconstruct only the instant apartment house except the commercial building without land partition.
The Defendant Promotion Committee requires a large number of time when the instant apartment house owner implements a reconstruction project by undergoing the land division procedure under the agreement between the owner of the instant apartment house and the owner of the commercial building, and is at the risk of bearing infrastructure charges, development charges, etc. under the relevant laws and regulations scheduled to be implemented at the time, and implements conditional authorization on June 3, 2006 as follows:
2. The conditions of consultation and division set forth under the condition that shares of stock held in a commercial building shall be provided.
3. Presenting conditions that the last apartment is sold in units;
4. It is necessary to review whether the commercial building, including the commercial building, is projected.
If the contribution has increased, the business may be waived.
5. The military unit shall be divided in the line and shall be promoted only in the unit of shares;
was held.
C. At the time of entering into the instant agreement, G, which was the chairperson of the Defendant Promotion Committee, was the case with the Plaintiffs on June 7, 2006.