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1. The plaintiff's respective claims against the defendant and the successor are dismissed.
2. All the costs of lawsuit are assessed against the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an organization consisting of sectional owners who consent to the instant reconstruction in order to implement the reconstruction project (hereinafter “instant reconstruction”) of the “A” building located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”).
The Defendant is a sectional owner of 2090 of the second floor among the instant building, and the successor number is a sectional owner who purchased 2091 of the second floor owned by the Defendant on December 9, 2016 and completed the registration of transfer on January 20, 2017.
B. On April 9, 2015, A management body held a meeting of the management body and an explanatory meeting for reconstruction projects for resolution on reconstruction.
In addition, prior to and after this, a resolution to re-building and a written consent to the implementation of the project (hereinafter “instant consent”) stating the outline of the construction of the new building, the estimated cost of the removal of the building and the construction of the new building, the apportionment of expenses, the ownership of the sectional ownership of the new building, the consent to the rebuilding project regulations (hereinafter “instant regulations”). By May 27, 2015, at least 4/5 of sectional owners and at least 4/5 of voting rights have been collected.
C. A management body held that a rebuilding resolution (hereinafter “the rebuilding resolution of this case”) was established by meeting the requirements stipulated in Article 47(2) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), and accordingly, the Plaintiff promoted the reconstruction of this case.
A The rebuilding project plan issued by the management body to sectional owners at the time of the resolution for rebuilding of this case and the main contents of the consent of this case are as follows.
II.1. Repurchase Resolution and Consent to Implementation
A. A. The design outlined site area of a newly-built building is 6,770.40 square meters (2,048.05 square meters) with a building-to-land ratio of 54,157.02 square meters (16,382.5 square meters) with a building-to-land ratio of 31,813,23 square meters (9,623.5 square meters) for 85,970.25 square meters (26,006.0 square meters) for 79.90% for 56.15%, :