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(영문) 서울동부지방법원 2017.10.26 2015가합109315
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The Plaintiff is an organization organized to promote the reconstruction of a building A located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”) (hereinafter “instant building”), including the real estate listed in the separate list Nos. 2 as shown in the separate list (hereinafter “the instant real estate”). The Defendants are sectional owners holding each of the instant real estate listed in the separate list Nos. 1 of the instant building.

(3) In the instant case, the Plaintiff owned the Plaintiff at the time of filing the instant lawsuit, but as seen thereafter, Defendant K and L acquired from the Do of the instant lawsuit. On April 9, 2015, A management body composed of all sectional owners of the instant building under the rebuilding agreement and the rebuilding agreement, holds an explanatory meeting for the reconstruction project for the sectional owners, and around that time, passed a resolution to reconstruct the instant building with the consent of at least 4/5 of the sectional owners and at least 4/5 of voting rights (hereinafter “the instant rebuilding agreement”), and designated the Plaintiff as a purchaser under Article 48(4) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”).

A The main contents of the consent to the reconstruction project implementation (hereinafter referred to as the “instant consent”) issued by the management body to sectional owners at the time of the said rebuilding resolution are as follows:

II.1. Repurchase Resolution and Consent to Implementation

(a) A 6,770.40 square meters (2,048.05 square meters) of 54,157.02 square meters of 16,813,23 square meters of 31,813,23 square meters (9,623.5 square meters) 85,970.25 square meters (26,006.0 square meters) 79.90% of 79.90% of 26,006) of the total floor space of the site area of a newly-built building for the design outline of the building: 6-2 stories of underground, 6-2 stories of underground, and 56.15% of that of 56.15% of that of underground spaces (2,048.05 square meters): 7th of ground;

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