Apartment owners opposed the eviction-building agreement, even though most of the apartment owners agreed to enter into it.
The Court held that the apartment owners' refusal is an unreasonable refusal and therefore the agreement can be forced upon them. When a qualified majority of the apartment owners agreed to the eviction-building agreement and an apartment owner refuses to transfer his rights unreasonably, the refusing apartment owner can be forced to enter into the agreement. The review of a refusing owner claim of inequality is done substantively, as the consideration for each apartment does not have to be the same and it must be reviewed whether the consideration was calculated on the basis of the same calculation or whether the calculation was conducted on the basis of a factual and professional appraisal. Here, the refusing owners did not receive a lesser consideration than the other apartment owners who have the same recorded square meter and there was no situation in which the consideration was calculated on a different basis or not on the basis of a factual and professional appraisal. Therefore, the refusal is unreasonable and the transaction can be forced on the refusing apartment owners.