209Na92687 Delivery, etc. of Building

1. Maximum○○;

Seoul ○○-gu ○○○-dong ○ - ○

2. Lighting. ○○

Seoul ○○-gu ○○○-dong ○ - ○

3. Kim○-○

Seoul ○○-gu 00 Dong 00 - 0

4. Red○○.

Seoul ○○-gu 00 Dong 00 - 0

5. Forwarding ○○.

Seoul ○○-gu 00 Dong 00 - 0

6. Kim○-○

Seoul OOOOOOOO -O

7. Ma○○.

Seoul ○○-gu ○ 00 Dong 00 - 0

8. Kang○○

Seoul OOOOOOOO -O

19.Yelel

○○○○○ ○○○-○

10.New ○○

Seoul ○○○○○○ 00-0

Plaintiff, Appellants and Appellants

11. Dozine ○

Seoul ○○-gu 00 Dong 00 - 0

12. Dominium ○

○○ ○○ ○○ ○ ○ - ○

13. Maximum○○

OOO-dong 00 - 0

14. Prostitution○○

Seoul ○○-gu 00 Dong 00 - 0

15. Yellow ○○

Seoul ○○-gu ○○○-dong ○ - ○

16. Kim○-○

Seoul ○○-gu ○○○-dong ○ - ○

17. Maximum○○

Seoul ○○-gu ○○○-dong ○ - ○

18. Clerks ○○

Seoul ○○-gu ○○○-dong ○ - ○

[Defendant-Appellant] Plaintiff 1

[Defendant-Appellant]

1. ○○ Stock Company;

Seoul ○○-gu ○ 00 Dong 00 - 0

○○○

2. ○○ Housing Association.

Seoul ○○-gu 00 Dong 00 - 0

representative chief of partnership ○○

[Judgment of the court below]

Attorney Park Jong-tae, Counsel for the plaintiff-appellant

Seoul Western District Court Decision 2008Gahap15520 Decided August 21, 2009

March 3, 2010

March 17, 2010

1.The judgment of the first instance shall be modified as follows:

The Defendants indicated the above real estate on the ○○○○○○○○○○○○○○○○○, indicated the same real estate on the 74,50, 00, 83, 490, 00 won from each of the above ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, indicated on the 1st inventory of the same real estate to the above ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, indicated on the 1st inventory of the same real estate, 86, 60, 00, 00, 97, 09, 390, 390, 00, 390, 00, 300, 10, 10, 208, 10, 200, 200, 35, 120, 30.

2. The plaintiffs' respective remaining claims against the defendants are dismissed.

3. Of the total litigation costs, 20% is borne by the Plaintiffs, and the remainder 80% is borne by the Defendants, respectively.

4. Paragraph 1 can be provisionally executed.

1. Purport of claim

The Defendants respectively from Plaintiff ○○○○ to KRW 65, 652, 877, and from Plaintiff Cho○-○, and Kim○○.

74, 642, 877 won, Plaintiff Red○○, 77, 752, 877 won, Plaintiff Song○○, Kim○, Ma○○, and Gangwon.

80, 542, 877 won respectively from ○, Yellow ○, and New ○○, and Plaintiff’s KRW 92, 100, 000 from ○○, and the Plaintiff

from ○○○ to 245, 200, 00 won, Plaintiff 85, 590, 000 won from Plaintiff ○○○, and Plaintiff ○○○.

From 75, 542, 877 won, 72, 352, 877 won, and 72, 352, 877 won, Plaintiff Choi ○, and west ○○.

From the date of each payment of KRW 81,342,877, each of them shall be jointly and severally provided to the plaintiffs, a list of real estate in attached Form

To deliver each building described above (Plaintiff ○○, ○○○, ○○○, and ○○○) reduces the purport of the claim in the trial.

C) .

2. Purport of appeal

Of the judgment of the first instance court, the part against the above plaintiffs in the judgment of the court of first instance shall be revoked. The defendants shall be revoked.

Defendant ○○ Housing Association’s 92, 100, 000 won, and Plaintiff ○○○○○.

Tter 245, 200, 000 won, and 89, 590, and 000 won, each contribution has been paid from Plaintiff ○○○.

on the attached list 11. Buildings listed in the attached Table 11. On the part of the plaintiff Doz○, and the same as the above to the plaintiff Doz○.

List 12. The buildings listed in the list 12. To the Plaintiff ○○○, the buildings listed in the above list 13. Each are handed over to them.

The defendants are subject to revocation of the first instance judgment, and the plaintiffs' claims are dismissed.

1. Basic facts

A. Status of the parties

Defendant ○○ Housing Association (hereinafter referred to as Defendant ○○ Housing Association) was established for the purpose of removing existing houses and constructing new houses at the ○○○○○○ Dong, Seoul, ○○○○-dong, and was approved by the head of ○○○ on May 19, 1995 pursuant to the former Housing Construction Promotion Act (amended by Act No. 5109 of December 29, 1995). Defendant ○○ Housing Corporation (hereinafter referred to as “Defendant ○”) is a joint proprietor of the said reconstruction and a joint proprietor of the said reconstruction, and the Plaintiffs are members of the Defendant Union.

나. 최초 분담금 ( 1 ) 피고 조합은 2002. 4. 7. 조합원 68명 중 40명이 참석한 가운데 임시총회를 개최하여 □□ 주식회사 및 △△ 주식회사로부터 사업계획안에 관한 설명을 듣고 33명의 찬성으로 ㅁㅁ 주식회사를 시공사로 선정하였다 ( 갑5 ) . ( 2 ) 피고 조합은 이에 따라 2002. 5. 11. □□ 주식회사와 사이에 사업계획안과 같은 내용의 재건축공사계약 ( 이하 ' 제1차 재건축 공사계약 ' 이라 한다 ) 을 체결하였는데, 그 주요 내용은 다음과 같다. 갑6 ( 가지번호가 있는 것은 가지번호 포함, 이하 같다 ) }

Article 1 (Business Outline)

2. Location:O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O--O------------- 00 square meters of the total floor area of the site area of the construction-scale area (the underground floor, the ground floor) 00 percent;

4. Members' contributions: The contributions per members' household shall be as shown in attached Form 1 [the exclusive use area of a right apartment (the relevant usual apartment unit) and all ancillary areas shall be as follows.

5. The scale of construction works referred to in the preceding paragraphs shall be subject to the approval of a project plan for housing construction, a contract based on the floor area ratioOOO, and there is an increase or decrease in the floor area ratio in the future project approval process;

The contributions shall be changed.

7. If a member selects a type of deliberation greater than the ordinary type of application after the time of general sale after the general selection, the general sale price shall apply to the excess number of deliberation.

8. The determined contributions specified in attached Table 1 shall apply to the ordinary contributions applied for by members;

Article 2 (Implementation Method)

1.The Project shall be a share-based project.

2. This Corporation shall provide the land owned by the Defendant Cooperative, and design and construct the building facilities by investing the funds necessary for the implementation of the project, provide the shares presented to the Defendant Cooperative to the Defendant Cooperative, and appropriate the construction cost and project cost from the remaining households, apartment buildings, commercial buildings sales revenue and the contributions

Article 6 (Consent of Mutual Aid Members)

The defendant association shall be responsible for and resolve the non-resident households in the business plan after the approval of the business plan, and all expenses incurred therefrom shall be disposed of under the responsibility of the defendant association.

Article 10 (Relocation of Members, etc.)

1. The defendant union shall move the whole household within 90 days from the date on which its business plan is approved so that it may not hinder the commencement of the construction of △△ stock company;

3. The project delay due to the delay in resettlement shall be liable to the defendant's association or its members;

4. If a relocation designation date exceeds six months, the contribution of members shall be adjusted as the price increase, general management expenses, and other expenses are incurred in excess of six months.

Article 11 (Detailed Statement of Loan of Relocation Expenses, and Method of Procurement)

3. Interest on bank loans shall be borne by △ stock companies (Provided, That if the Corporation is delayed because the date of designation of relocation exceeds 0 months, the bank operating expenses incurred after the excess shall be borne by the defendant association or its members);

Article 23 (Shares of Members and Conditions for Participation)

1. Shares of a building site for a union member shall be shares of a building site in a certified copy of land register;

2. The methods of paying charges by members shall be as provided for in Article 1 (4), (5) and (6).

5. The public works works shall, in principle, settle actual expenses in consultation with the Cooperative, in cases where they are to be works by file construction or special public works due to special geological features (a base or tobacco geological features) at the expense of the Cooperative on the basis of general earth and sand;

Article 25 (General Sale and Redemption of Construction Costs)

4. The contributions of members shall be determined, even if the sale price is adjusted upward due to the increase in the sale price, and the defendant union shall not raise an objection against the general sale price.

C. The change of the contractor (1) The defendant union changed the contractor to the defendant company, and concluded a reconstruction construction contract with the defendant company on June 12, 2002. The contents of the contract are as follows: (1) The first reconstruction construction contract is the same unless the following changes are excluded: (14)

Article 1 (Business Outline)

2. Location: OO-O-O-dong O-O,00- 0,00- 0,00- 0,00- 0,00- 0,00-O-O,00-0,00-O-0,00-O-0,00-O-O-O-O-O-O3 of the total floor area of 00 square meters of the site area of the construction project (O-O-dong, 00 square meters of underground floor, 00 square meters of the ground);

5. The scale of the construction in the preceding paragraph shall be subject to the approval of the project plan for housing construction and shall be subject to the agreement on the basis of the floor area ratio 00 ○○, and the contributions shall vary if there is an increase or a decrease in the floor area ratio

8. The charges indicated in the annex 1 are based on the basic floor (average value) and, if applicable, the charges can be changed at the time of applying the differential rates by floor and direction. (2) The Defendant Union obtained the approval of a project plan with the content that “the location on June 30, 2003 ○○○○○-dong, Seoul ○○○○○○, the site area, and the total floor area as “Omm”. (A15)

D. On June 21, 2003, the Defendant Union held a board of representatives on June 21, 2003, when six representatives are present, incorporated ○○○○ Dong - ○○○○○○○○ and its ground surface (12 households) into the business area with consent of all the members, and decided to substitute the resolution of the general meeting on this matter with consent. Following the amendment of the articles of association to include the above ○○○ association’s implementation zone and area in the project area under Article 3 of the articles of association of the Defendant Union, 47 among the existing 69 members and 12 members of the ○○ association, with consent of all the 12 members of the 29 members of the 200 association, and revised the rebuilding agreement into 200,000,000,000 won to 20,000,000 won to 20,000,000 won to 30,000,000.

Article 1 (Project Outlines)

2. 위치 : 서울 OO구 OO동 OO - O, OO - O, OO - O, OO - O, OO - O, ㅇㅇ - O, OO - O, OO - O, OO - O3. 공사규모 대지면적 000㎡ 층수 ○동 ( 지하 ○층, 지상 ○층 ) 연면적 000㎡ 용적률 000 %

4. Members' contributions: The contributions per member's household shall be as shown in attached Form 2 [the area for exclusive use by an apartment (the area for exclusive use by the area for exclusive use by an apartment) and all annexed areas.

5. The scale of the construction project under the preceding paragraph was extended by adding 00 square meters to 000 square meters of existing reconstruction project (excluding large-scale construction) site at the time of approval of the project plan and adding 00 square meters to 00 square meters of existing reconstruction project site (per 000 square meters), thereby expanding the reconstruction project.

Article 10 (Relocation of Members, etc.)

4. If the date of relocation designation is delayed for more than 0 months, the cooperative members’ contributions shall be adjusted as the price increase, general management expenses, and other expenses are exceeded. (3) On the other hand, ○○-affiliated cooperative members agreed to assume the contributions of each of the Defendant cooperative more than other cooperative members than 5,00,000 won, while joining the Defendant Cooperative. (A16, 17, and 18)

E. The rebuilding project of this case did not proceed smoothly due to legal disputes between the plaintiffs and some members of the defendant association about the existence of a resolution to appoint an executive officer, the existence of audit status, transfer of ownership, etc. Accordingly, the project cost, such as construction cost, interest on loans of financial institutions, and litigation cost, has increased. On September 16, 2006, the defendant association held an extraordinary general meeting on the 81st of all the members of the 81st of all the members, and decided to bear additional costs of KRW 4,118,74,686, with the consent of 47 members. (A) (2) The defendant association entered into a "additional reconstruction construction contract" between the defendant company and the defendant company on October 31, 2006, and the added contents are as follows.

Article 1 Additional Construction Charges and Loans (Borrowing Funds)

1. The additional construction expenses to be borne by all members of the association due to inflation in prices arising from the delay in the commencement of the construction charges shall be KRW 3,300,00,000;

2. Method and time of the payment of contributions to members of Article 2 of the Loan (including additional construction costs and loans) and the interest on moving expenses, the amount of which is 818, 744, 686 won;

1. The existing contributions of a union member shall be paid at 20% at the time of the contract, and the intermediate payment shall be paid at 60% by four installments from two months after the contract to two months before the contract, and the remainder shall be paid at the time of occupancy.

2. Additional construction charges and loans (Article I(1) and (2) above) shall be paid in installments at the time of the payment of intermediate payments and any balance.

Article 3: Construction of a rental house equivalent to 10% of the floor area ratio increased due to reconstruction under the provisions of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, promulgated on March 17, 2005, and supply it to a local government or the Seoul Metropolitan Government, which is subject to this provision due to the delay in construction, and the rental house is recovered from the general sale portion (the market share of the construction) and if the general sale price falls short of the general sale price, the difference (the general sale price shall be determined at the time of completion) that will later be determined the amount of compensation, and the method and time of payment shall be determined in consultation with the contractor, and the method and time of payment shall be paid in full before the occupancy.

F. On February 1, 2007, the defendant union and the defendant company agreed to modify the design of the reconstruction apartment of this case and to bear KRW 120,00,000, out of the additional costs therefrom. On the other hand, the defendant union entered into an agreement with the defendant union on February 1, 2007 on the charge increase due to design change and file work. The defendant union entered into a written consent with the 57 members of the 81 members of the file work, and on April 2, 2007, the defendant union entered into the defendant association with respect to file work.

The Defendant Union agreed to settle the file work in 700 million won. (B) The Defendant Union additionally required the construction cost due to the design change and file work. (B) The Defendant Union agreed to do so on January 2008.

30. Around February 2008, the Defendant Cooperative held a board of representatives and passed a resolution to bear the total amount of KRW 4,889, 72,046, including the amount of KRW 4,118, 744, and 686, which was already increased by the Defendant Cooperative with the consent of seven representatives. Around February 2008, the same written consent was obtained from 60 of the total number of members (A25, B9).

(g) Status after completion;

(1) The new construction of the instant reconstruction apartment was completed on October 2008, and the Plaintiffs were allocated each of the real estate listed in the attached Table (hereinafter “each of the instant buildings”). However, the Defendant Union concluded on August 25, 2003, the second reconstruction construction contract concluded on September 16, 2006, the resolution on the increase of contributions for the extraordinary general meeting held on September 16, 2006, and the subsequent additional reconstruction contract concluded on October 31, 2006, and the construction contract concluded on January 1, 2008.

30. Around January 16, 2009, the Plaintiff’s share was calculated based on the written consent of the members of the Plaintiff, which was held on February 27, 2008, based on the resolution to increase the shares of the Defendant Cooperative, and around February 2008, the Plaintiffs’ share was required to apply the differential price and 40 square meters application, and the Plaintiffs’ share was occupied together with the Defendant Company. (2) Around December 8, 2008, the Defendant Cooperative notified the Plaintiffs of the above assignment of the shares of the Defendant Cooperative around January 16, 2009, after the Plaintiff transferred the shares of the Defendant Cooperative to the Defendant Company to the Defendant Company, and around 3, 2009, the Defendant Cooperative held a provisional meeting on April 27, 2009, and approved the said assignment of shares by 144 members of the Plaintiff’s association with the consent of 74 members of the Plaintiff’s share of the 80th association, and each of the above assignment of shares was approved.

2. The plaintiffs' assertion

In regard to the assertion that the plaintiffs shall pay to the defendant association based on the construction contract for second reconstruction concluded on August 25, 2003, the resolution on the increase of contributions for the extraordinary general meeting held on September 16, 2006, and the rebuilding construction contract concluded on October 31, 2006, the resolution on the increase of contributions for the representatives of the defendant association held on January 30, 2008, and the written consent of the members of the association held on February 30, 2008 that the contributions that the plaintiffs shall pay to the defendant association are as shown in attached Form 3, since the above contracts, general meeting resolution and written consent are all null and void without the effective resolution of the general meeting of the members, the plaintiffs are liable to pay only the contributions calculated by applying only the differential price by floor and the additional application amount for parcelling-type 40 to the first installment set forth in the contract for the first reconstruction construction. The defendants shall jointly and severally pay the aforementioned contributions to the plaintiffs.

3. Judgment on the plaintiffs' assertion

A. Relevant statutes

m. Articles of association of the Defendant Union (A1)

Article 16 (General Meeting) A union shall hold a general meeting.

1.The Assembly shall consist of its members;

3. A general meeting shall announce its purpose, date, time, and place on the bulletin board of the association office seven days prior to the convocation date, and notify each member of its intention or in writing;

5. An extraordinary general meeting shall be convened by the head of an association pursuant to Article 16 (3) when the president of the association deems it necessary, when not less than 1/5 of union members or when an audit and inspection under Article 15 (4) is requested.

Article 17 (Resolutions by General Meeting)

1. The general meeting shall adopt the following resolutions:

(4) The amount or collection method of charges (6) of the expenditure budget.

2. (1) Amendments to the articles of association of the Association (8) to the amount of dues or collection thereof (the method of resolution at the general meeting) are as follows:

1. A general meeting of the general meeting, excluding the matters provided for in Article 17 (2), shall be held with attendance of a majority of the members, and shall pass a resolution with the consent of a majority of the members present. Where it is impossible to hold the general meeting twice but it falls short of the quorum even after the meeting is convened, a resolution of the board of representatives may be passed at the meeting on the agenda which has been convened. In such cases, the matters resolved by the board of representatives shall be recognized by the resolution of the general meeting

(4) If a member is unable to attend a general meeting due to the absence of a member, a resolution may be made in writing on the agenda of the general meeting, which shall have the same effect as the resolution is made at the general meeting.

2. Resolution on the matters provided for in paragraph 2 of Article 17 (1) shall be adopted by an agreement of all members of the association;

(2) In cases where the agreement of all union members is not reached, agreement and resolution shall be made when the attendance of at least 2/3 of the union members and the affirmative votes of at least 2/3 of the union members present are obtained. (3) In cases where agreement is not reached even under the provisions of sub-paragraph (1) and (2) of sub-paragraph (3), agreement and resolution shall be made when the attendance of at least 1/2 of the union members and the affirmative votes of at least 2/3 of the union members present are reached. (4) In cases where agreement and resolution under sub-paragraph (2) and (3) are not reached, the agreement and resolution shall be made on the minutes, and the details thereof shall be recorded in the minutes and keep evidentiary materials.

Article 21 (Funds) The funds for the implementation of a reconstruction project by a union shall be raised in accordance with any of the following subparagraphs:

2. Funds raised by the joint project undertakers;

3. Charges of members. Article 22 (Imposition of Expenses)

1. The Cooperative may impose and collect expenses incurred in implementing the projects from its members;

5. Members may not offset the payment of contributions by the bonds against the cooperative.

Article 23 (Liability of Joint Project Undertakers)

3. The joint project proprietor shall support the moving expenses under a separate contract to the members. In such cases, the subsidy for moving expenses shall be interest-free, and the principal shall be repaid when the members move.

/Gu Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8852, Feb. 29, 2008; hereinafter “Urban Improvement Act”).

Article 16 (Authorization, etc. to Establish Cooperatives)

(2) Where a promotion committee of housing reconstruction projects intends to establish an association, it shall obtain authorization from the head of a Si/Gun with the consent of at least 2/3 of sectional owners and voting rights of each of the collective housing units in a housing complex (in cases of welfare facilities, the whole welfare facilities within a housing complex shall be deemed one building), and with the consent of at least 3/4 of all sectional owners and voting rights in a housing complex (excluding cases where the number of households by each building in a multi-family housing does not exceed five), notwithstanding the provisions of Article 47 (1) and (2) of the Act on Ownership and Management of Condominium Buildings, along with articles of association and documents prescribed by the Ordinance of the Ministry of Construction and Transportation. The same shall apply where it intends to modify minor matters under the proviso to paragraph (1): Provided, That the same shall apply

Article 20 (Preparation and Amendment of Articles of Incorporation)

(1) The Association shall prepare the articles of association, including the following matters:

8. The cost-bearing of the association and the accounts of the association; 12. The timing and procedures for bearing the cost required for the rearrangement project, including the construction cost (hereinafter referred to as the "maintenance project cost"); 15. The details to be included in the contract for the selection of the designer

(3) Where a cooperative intends to amend its articles of association, it shall obtain approval from the head of a Si/Gun with the consent of a majority of union members (referring to at least 2/3 in cases falling under paragraph (1) 2 through 4, 8, 12, or 15). It shall obtain approval from the head of a Si/Gun in lieu of the consent of the union members if it intends to modify minor matters prescribed by Presidential Decree

Article 24 (Convening of General Meetings and Matters for Resolution)

(3) The following matters shall undergo a resolution at a general meeting:

3. Amount and collection method of the costs under Article 61;

5. Contracts to be borne by members, other than the matters stipulated in the budget;

(4) Matters requiring consent of partners pursuant to this Act or the articles of association among the matters under the subparagraphs of paragraph (3) shall be referred to a general meeting.

(5) Procedures for convening a general meeting, timing, method of resolution, etc. shall be prescribed by the articles of association.

Article 26 of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Presidential Decree No. 20506, Dec. 31, 2007)

(1) The consent of landowners, such as land, etc. under Article 16 (1) through (3) of the Act shall be obtained by obtaining the consent in a written consent specifying the following matters:

1. Outline of the design of the building to be built;

2. Rough amount of expenses required for the removal and new construction of the building; and

3. Matters concerning the apportionment of expenses under subparagraph 2 (including the criteria for apportionment of expenses, where a design outline under subparagraph 1 is changed);

4. Matters on the reversion of ownership after completion of the project;

5. Articles of association.

Article 28 (Methods, etc. of Calculating Self-denunciation of Consent from Owners of Land, etc.)

(4) A consent (including withdrawal of consent) of the owners of land, etc. under Articles 13 through 16 of the Act shall be made by means of a written consent using a seal imprint design, and in such cases, a certificate of the personal seal impression shall be accompanied.

(b) Whether the change of contributions requires a resolution at a general meeting of partners;

Article 17 of the articles of association of the defendant association provides that "a general meeting shall resolve matters concerning the revenue and expenditure budget of expenses, the amount of dues, etc., and among them, matters concerning the amount of dues, etc. shall be agreed upon by all members of the association." Article 24 of the Urban Improvement Act provides that "the amount of the rearrangement project cost and the details of allocation by members of the association shall undergo a resolution of the general meeting." Thus, a resolution of the general meeting of the members of the defendant association and its members of the association shall be required to revise the rearrangement project cost (charges).

On the other hand, the defendant union and the defendant company may change contributions if there is an increase or a decrease in the floor area ratio through the first reconstruction construction contract and the second reconstruction construction contract, and the expenses incurred by the failure to obtain the consent of the owners such as land shall be borne by the defendant union. If the relocation of members is delayed, the shares shall be adjusted, and the interest on the relocation expenses shall be borne by the defendant union or its members, and if the file construction is carried out due to special geological features, the expenses shall be settled. However, the above agreement is an agreement between the defendant union and the defendant company, not directly binding the members of the defendant union (see Supreme Court Decision 2004Da3864, Jun. 23, 2005). Thus, the resolution at a general meeting of the defendant union members should be adopted even if the defendant union members should change the shares to be borne by the defendant union members due to the occurrence of the circumstances stipulated in the above agreement.

C. The change of valid shares in accordance with the second construction contract requires the resolution of the general meeting of the association members. However, the defendant union only passed a resolution of the board of representatives and written resolution of the union members regarding the incorporation of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment

In addition, Article 24 of the Urban Improvement Act provides that a contract that becomes a partner shall undergo a resolution of a general meeting. Since the Act provides that a reconstruction association shall take effect when it concludes a contract that becomes a partner without a resolution of the general meeting of the members (see Supreme Court Decision 2000Da61008, Mar. 23, 2001). Therefore, it is invalid to change the shares of the members of the defendant association under the second rebuilding agreement even in light of this point.

D. As of September 16, 2006, the validity of increase in the share of expenses through the resolution of the general meeting of the association members (1) the total amount of expenses required for the removal and new construction of the building to be determined at the stage of establishment of the reconstruction association and the apportionment of expenses therefor are the basis for choosing whether the owners, such as land, etc. will participate in the reconstruction while bearing considerable expenses, or will sell sectional ownership, etc. at the market price and not participate in the reconstruction. Thus, if the matters on the share of expenses presented by the construction at the time of the reconstruction resolution as at the time of the original rebuilding resolution exceed the ordinary expected range due to changes in the situation of the construction competition, such as price fluctuations, etc., the rebuilding resolution on the share of expenses shall be deemed to have been changed. This does not change even if the increase in expenses inevitably occurred due to the change or other unforeseen circumstances.

In addition, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions provides for the matters to be included in the contract with the contractor, particularly in the articles of association, taking into account that the scope of the members' share of construction expenses, and requires the consent of 2/3 or more of the members to modify the matters to be stated. If the items to be included in the contract with the contractor are presented to the general meeting for resolution of the amendment of the articles of association, the contents to be included in the contract are to be revised at the time of the initial rebuilding resolution by 40% of the total construction expenses to the extent that the said items are not the procedure for the amendment of the articles of association, and the consent of 20/3 or more of the members of the association is required by analogy 15 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for 40% of the total construction expenses to be revised by 60% of the total construction expenses to be included in the contract with the contractor (see, e.g., Article 20(3) and 15 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions.)

Therefore, in order to take effect the above additional construction cost burden resolution, 2/3 or more of the members of the defendant association must obtain the consent of 54 or more of 81 members. Since the defendant association did not obtain the consent of 47 members in the above resolution, the above resolution is null and void as it does not meet the quorum necessary for the resolution. Therefore, the above resolution is null and void. (In the case of the articles of association of the defendant association, the amount or collection of dues shall be decided by the agreement of all members, and if the agreement is not reached, the agreement and resolution shall be reached with the attendance of 2/3 or more of the members and the consent of 2/3 or more of the members present, and if such agreement is not reached, the attendance of 1/2 or more of the members present and the consent of 2/3 or more of the members present at the above extraordinary general meeting of the defendant association shall be valid, and since 50 or more members present at the above general meeting of the members present at the above general meeting immediately after that resolution, the plaintiffs asserted that the above additional construction cost increase resolution and the rebuilding resolution shall be null and void.

According to the statement of evidence Nos. 1, 11, 12 (including a Serial number; hereinafter the same shall apply) respectively, the defendant union and some members of the association including the plaintiffs, including the defendant union and the plaintiffs, have dispute over the validity of a resolution of extraordinary general meetings that appointed B/L as the head of the association, and the validity of a written resolution incorporating ○○ Construction into the business area, and so on, the defendant union may admit the facts of winning a lawsuit against some members including the plaintiffs. However, such circumstance alone is difficult to deem that the plaintiffs intentionally interfered with, or delayed moving, the reconstruction construction of this case, and there is no other evidence to acknowledge otherwise. Rather, the following circumstances revealed by the statement of evidence Nos. 18 through 10, 13, 30, and 34 were revealed by the statement of evidence No. 1, i.e., B/U., the head of the defendant union, the head of the association, and the special general meetings elected by one auditor, which were held by the plaintiff union and the auditor were dismissed.

In addition, the above increased additional construction cost falls under the case where the construction cost is changed beyond the ordinary expected scope due to changes in the situation of the construction market, such as price fluctuations, and therefore, the above assertion by the Defendants is without merit.

E. On February 2, 2008, the validity of the increase in the contribution through written consent (1) Defendant Union is at issue as to whether the above written consent is valid or not, without convening and holding a general meeting of the union members, when Defendant Union additionally imposes the construction cost of KRW 4,889,72,046, including the increased construction cost, including the already increased construction cost on February 2, 2008.

(2) Article 41(1) of the Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 9172, Dec. 26, 2008; hereinafter referred to as the “Aggregate Buildings Act”) provides that, if there exists an agreement in writing with the sectional owners and voting rights for the matters that should be resolved by the management body meeting according to this Act or regulations, a resolution by the management body meeting shall be deemed to have been adopted. Article 41(1) of the said Act provides that a written resolution can be adopted without convening and holding a management body meeting.

Accordingly, it is possible to make a written resolution to modify the contents of rebuilding resolution as well as rebuilding resolution, and in light of the fact that the Aggregate Buildings Act does not impose any restrictions on the requirements, procedures, and methods of written resolution, a written resolution is valid unless there are special circumstances, such as where a written agreement is concluded without the source of opportunities for members to participate to the extent that it might affect the quorum, or where there is a serious defect to the extent that it cannot be recognized that an agreement has been reached by at least 4/5 of the members (see Supreme Court Decision 2003Da4969, Apr. 21, 2005).

(B) The Aggregate Buildings Act explicitly provides for written resolution as above, while Article 16(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act”) provides that "where a committee of promoters of a housing reconstruction project intends to establish an association, it shall obtain approval from the head of Si/Gun with the consent of .... The same shall apply to any modification to the authorized matters. The same shall also apply to the case where it is intended to modify the authorized matters. The Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (including the withdrawal of consent) shall be made by the method of written consent using a seal imprint, and in this case, a certificate of seal impression shall be attached."

On the other hand, Article 27 of the Act on the Maintenance and Improvement of Urban Areas shall apply mutatis mutandis to a cooperative, except as otherwise provided for in this Act. Article 73(2) of the Civil Act provides that "any member may exercise his/her right to vote in writing or by proxy." However, the Civil Act provides that a member who is absent from a general meeting may make a written resolution on the premise of convening a general meeting. It does not provide that a written resolution can be made without convening a general meeting of the union members in the modification of the contents of a rebuilding resolution or rebuilding resolution. (c) Unless the Act on the Maintenance and Improvement of Urban Areas and Dwelling Areas does not expressly provide for whether it is possible to convene a general meeting of union members in the modification of the contents of rebuilding resolution or rebuilding resolution, it is impossible to determine whether such written resolution can be made in accordance with the articles of association, which is the self-governing law of the reconstruction association. However, if the articles of association does not provide for the above written resolution, it is possible to convene a general meeting and convene a rebuilding resolution in consideration of the following circumstances.

① A reconstruction association is replaced by the number of its members, and the degree of interest and participation in reconstruction is considerably different depending on its members, and the rebuilding process is complicated over a long-term period, and in particular, in the case of a large-scale reconstruction association, it is difficult to convene and hold a general meeting of its members in the case of a large-scale reconstruction association, and it is likely that reconstruction itself might be impossible if it is strictly demanded to convene and hold a general meeting of its members.

② In the case of a small-scale reconstruction association, the convocation and holding of the general meeting of the association members may be carried out in large-scale reconstruction association. However, in the case of a small-scale reconstruction association, there are various circumstances as mentioned in the above paragraph (1), and it is not desirable to regulate the legal relations of the association association depending on the scale of the reconstruction association.

③ The Act on the Maintenance and Improvement of Urban Areas and its Enforcement Decree provide for written consent regarding the establishment of a reconstruction association by the method of consent, and the method of written consent is also specified in detail. Even in a case where a general meeting of association members is held, the written consent is not required at the site, but at the site (in accordance with the provisions of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Areas, it is virtually impossible to obtain written consent at the site of the general meeting when a seal imprint is affixed and

④ Since a written consent used in the above written consent contains a rebuilding resolution under the Act on the Ownership and Management of Aggregate Buildings (Article 47(3) of the Act on the Ownership and Management of Aggregate Buildings which permits written resolution, the above written consent does not differ from a written resolution which does not hold a general meeting under the Act on the Ownership and Management of Aggregate Buildings, and as such, unlike the Act on the Ownership and Management of Aggregate Buildings which permits written resolution, the Act on the Maintenance and Management of Aggregate Buildings which does not impose any restrictions on the method of written consent, etc., it may cause disputes even if permission is granted. (D) As seen above, if there is no special provision on written resolution in the articles of incorporation of the reconstruction association, if a union can make a written resolution without convening or holding a general meeting of the union members, it should be considered that the above written resolution is a modified decision-making method without holding a general meeting of the union members. In order to be valid, the following requirements are met.

① As stated in the Supreme Court Decision 2003Da4969 Decided April 21, 2005, a written agreement should not be concluded with the original exclusion of an opportunity for members to participate in the agreement to the extent that it would affect the quorum, or there is no serious defect to the extent that it is impossible to recognize that an agreement has been reached by the number of members more than a certain number of members as stipulated in the Urban Improvement Act and the articles of association of the reconstruction association.

(2) Where it is deemed that the contents of a rebuilding resolution have been modified as well as rebuilding resolution, the method of written resolution shall bear a seal imprint affixed to the written consent and a certificate of seal impression affixed thereto.

The Act on the Maintenance and Improvement of Urban Areas and its Enforcement Decree requires the consent form for the establishment of a reconstruction association to affix a seal imprint certificate and a certificate of personal seal impression. Considering that the consent form contains a rebuilding resolution, such as a summary of expenses incurred in the removal and construction of a building, cost sharing, etc., the rebuilding resolution should be deemed to require the attachment of a seal imprint certificate and a certificate of personal seal impression in the consent form, even in cases where the rebuilding resolution is deemed to have been modified, such as a modification of matters concerning

(3) A written consent shall contain an indication of the date, etc. to know the time of consent.

In the case of a reconstruction association, a considerable period of time is required for a written resolution to be made, but where written resolution is made over an excessive long-term period, it is difficult to view it as a substitute for the convocation and holding of a general meeting of the association members when viewed from the perspective of the consent agreement of the association members. However, in the case of a reconstruction association’s written consent, it is difficult to determine the validity of a written consent because it is difficult to determine the time when the resolution was made because it is difficult to know when the consent was made, such as the date, etc., and therefore,

E) As to the instant case, the health department, and the Defendant Union’s association may make a written resolution in writing where it is unable to attend a general meeting due to the failure of the union members to attend the meeting due to the failure of the union members under Article 18(1)(4) of the Articles of association. The above provisions stipulate that the union members can exercise their voting rights in writing. It does not stipulate whether a written resolution can be made without convening and holding a general meeting of the union members in changing the contents of the rebuilding resolution or rebuilding resolution. Therefore, the Defendant Union may make a written resolution without convening and holding a general meeting of the union members in changing the contents of the rebuilding resolution or rebuilding resolution.

However, since the increase in the share of KRW 4,889, 722, 046 in around February 2, 2008 is to change the contents of rebuilding resolution, it constitutes a change in the contents of rebuilding resolution, such written resolution is to have a seal imprint affixed on the written consent, a seal imprint affixed thereon, a certificate of seal imprint affixed thereon, and a date when the consent can be known, etc. As seen earlier, the written consent is not valid. According to the statement in subparagraph 9, the defendant union should have obtained written consent from 60 of the total number of the 81 members and obtain 2/3 or more of the members of the association with the consent of 2/3 or more of the members of the association, but it does not have a seal imprint affixed on the written consent, and there is no indication that the date of consent can be known.

Therefore, the written resolution on the increase of contributions on February 2, 2008 shall be null and void. Therefore, the increase of contributions by the above written resolution shall also be null and void.

4. Determination as to the assertion by the Plaintiff ○○, ○○, and ○○○, and the assertion by the Defendant Company

A. The Plaintiff ○○○, ○○○, and ○○○○○’s claim (1) asserted that the Plaintiff ○○, ○○, and ○○○○, upon the Defendant Company’s request at the early stage of implementing the instant reconstruction project, assumed KRW 7,50,000,000 to purchase a private road in the vicinity of the instant reconstruction project site, and that the said amount should be borne by the Defendant Company. As such, the said amount should be deducted from the shares to be paid by the Plaintiffs.

In full view of the purport of the argument in each statement of evidence Nos. 22-2, A47, A48-1, and 2, it can be recognized that 16 owners of △△ Construction, including the above plaintiffs, purchased 00,000 - 00,000 - 00,0000 - 39 square meters for the instant reconstruction project, and completed the registration of transfer of ownership on the ground of "trust on July 7, 2003," and completed the registration of purchase of ownership on the ground of "the trust on August 19, 2003," and the Defendant Cooperative shall pay the above owners of △△△ Construction, as the price for purchasing the road as above, deducted 7,500,000 won from the contribution they should pay to the above owners. Accordingly, the Defendant Cooperative shall be obligated to pay each of the above plaintiffs the share of the above plaintiffs in return for the purchase of the road.

However, Article 22 (5) of the articles of incorporation of the defendant association provides that "the members shall not offset the payment of the charge by the claim against the association." Thus, the above plaintiffs shall not offset by their claim amounting to 7.5 million won against their obligation to pay the charge to the defendant association as the claim amounting to each of the above 7.5 million won against the defendant association. Thus, the above plaintiffs' assertion that the above plaintiffs' claim can offset as above is without merit (the above plaintiffs claim amounting to 7.5 million won as the claim amounting to each of the above 7.5 million won against the defendant company, not the defendant association, but there is no evidence to support it). (2)

The plaintiff ○○○ asserts that his own land should be calculated on the basis of the plaintiff 15, not the 33th of 15, but the 15th of 15, and therefore, in full view of the overall purport of the pleadings, the plaintiff ○○○ was holding 1/4 of the 6th of the 0th of 205, ○○○○-dong, Seoul, ○○○○○-dong - ○○ large ○○ - ○ - 6th of 205. Thus, the plaintiff ○○ owns 1/5 of the 15th of 5th of 205 = (6 x 1/4-3051 of 205). Thus, the above plaintiff ○○'s above assertion has merit.

B. Determination as to the Defendant Company’s assertion

The Defendant Company asserts that the Defendant Company may exercise a lien on each of the buildings of this case to secure the construction cost claim against the Defendant Company, as it is entirely separate from the Defendant Company’s obligation on the members of the Defendant Company, even though the Defendant Company did not undergo a resolution at a general meeting of the members or due to an error in its method, even though the Defendant Company did not have any obligation on the members of the Defendant Company.

In light of the above, the second rebuilding project contract as mentioned above, the resolution of the general meeting of September 16, 2006, and the second rebuilding project agreement of October 31, 2006, and written consent around February 2008, all of the defendant company and the defendant union agreed on the additional construction cost of the reconstruction project in this case between the defendant company and the defendant union and the defendant union and agreed on the additional construction cost of the reconstruction project in this case to be borne by the members of the defendant union. Since the above contract and resolution are null and void both, it cannot be seen that the additional construction cost claim against the defendant company against the defendant union was definitely created. Thus, the defendant company's right of retention is without merit (where the contract on the additional construction cost between the defendant company and the defendant union becomes null and void, the defendant company can have the right of return of unjust enrichment as to the portion actually performed the construction work against the defendant union, and in this case, it cannot be seen that the right of return of unjust enrichment can be exercised. Thus, the defendant company's right of retention cannot be accepted.

5. The Plaintiffs’ share of expenses and the Defendants’ duty to deliver the buildings

A. As seen earlier, the Plaintiffs completed the registration of ownership preservation on each of the buildings of this case, and the Defendants possessed each of the buildings of this case. As such, the Plaintiffs asserted to deliver each of the buildings of this case to the Defendants in return for the payment of the amount stated in the purport of the claim to the Defendants, and the Defendants asserted that they will deliver each of the buildings of this case only when the Plaintiffs are liable to pay the shares stated in the attached Form 3. Thus, the issue is whether the Plaintiffs are liable to pay the amount

B. As seen above, as long as the second reconstruction construction contract, the resolution of the general meeting of September 16, 2006, and the rebuilding construction contract of October 31, 2006 and the increase in contributions by written consent of February 2008 are all null and void, the defendant union may claim against the plaintiffs only the contributions calculated by applying only the differential price by the floor and the additional amount for the 40-year unit unit sale to the contributions stipulated in the first reconstruction construction contract. In full view of each written statement of evidence Nos. 6, 27, and 50, the contributions are as shown in attached Table 4.

C. Therefore, the Defendants are obliged to deliver each of the instant buildings to each of the Plaintiffs at the same time with the payment of each of the money listed in the separate sheet No. 4 from the Plaintiffs (the Plaintiffs must pay each of the money listed in the separate sheet No. 4 to the Defendant Company, since the Defendant Company transferred its claim to the Defendant Company to each of the Plaintiffs).

6. Conclusion

Therefore, each claim of the plaintiffs is justified within the scope of the above recognition, and each claim is dismissed without merit. Among the judgment of the court of first instance, the part ordering the plaintiffs to pay each money listed in the separate sheet No. 4 to the defendant association that is not the defendant company and the part concerning the plaintiff maximum ○○○○○○, which is unfair in conclusion, shall be partially accepted by the plaintiff ○○○, and the remaining appeal of the plaintiff ○○, the plaintiff ○○, and the defendant ○○ and the judgment of the court of first instance shall not be modified as above.

Judges Lee Sung-tae, Counsel for defendant

1) Unlike the Aggregate Buildings Act, the Act uses the concept of consent to establish an association instead of a rebuilding resolution, but the said Act establishes an association.

See Supreme Court Decision 2007Du16691 Decided January 10, 2008, see Supreme Court Decision 2007Du16691 Decided January 10, 2008, etc.)

The phrase "the consent of the establishment of an association, including rebuilding resolution" is used. Therefore, the term "the consent of establishment of an association" under the Urban Improvement Act.

= Establishment of an association £« It would be difficult to understand as the "rebuilding resolution".