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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a housing reconstruction and improvement project association established to implement a reconstruction project of the land E, F apartment, and commercial buildings (hereinafter “instant apartment complex”) of the size of 392,652 square meters in Songpa-gu Seoul Metropolitan Government, and D large 5,355.3 square meters in quantity. The Defendant is the owner of each share of 7/10 of the real estate listed in the attached Form 2, among the real estate listed in the attached Form 1, as indicated in the attached Form 1, as part of the instant apartment complex. The Defendant is the owner of each share of 16.7935/39807.3 and 16.7935/398007.3 and 7/10 of the real estate listed in the attached Form 2 (hereinafter “instant real estate”).
B. The Plaintiff’s establishment process and the first, second reconstruction resolution 1) The sectional owners of the apartment complex of this case hold a reconstruction association’s inaugural general meeting on May 24, 2003 and a reconstruction resolution (hereinafter “first reconstruction resolution”).
(2) On June 26, 2003, the Plaintiff held an ordinary general meeting on June 26, 2004 and made a new reconstruction resolution (hereinafter “the second reconstruction resolution”) on the ground that the first reconstruction resolution was null and void on July 15, 2003 following the establishment authorization granted by the head of Songpa-gu Seoul Metropolitan Government on June 12, 2003 by the head of Songpa-gu Seoul Metropolitan Government.
C. The plaintiff in the process of selling a project implementation plan and related sales plan shall be deemed to be the project implementation plan of this case with the content of constructing apartment-type 1,806 households, 30 square-type 400 households, 33 square-type 2,97 households, 38 square-type 1,376 households, 42 square-type 1,202 households, 50 square-type 303 households, 50 square-type 303 households, 60 square-type 22 households, 8,106 households, and ancillary welfare facilities.
On April 1, 2008, when applying for authorization and obtaining authorization from the head of Songpa-gu Seoul Metropolitan Government on April 25, 2008, the period for application for parcelling-out from May 2, 2008 to June 27, 2008 shall be from May 2, 2008 to July 2, 2008.