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red_flag_2(영문) 대구고등법원 2014. 11. 21. 선고 2014누237 판결

[관리처분총회결의무효확인][미간행]

Plaintiff, Appellant

Attached List of Plaintiffs (Law Firm Park & Kim, Attorneys Park Dong-young et al., Counsel for the plaintiff-appellant)

Defendant, appellant and appellant

2-2 District Housing Reconstruction and Improvement Project Association (Law Firm Square, Attorneys Park Dong-young, Counsel for the plaintiff-appellant)

Conclusion of Pleadings

October 17, 2014

The first instance judgment

Daegu District Court Decision 2012Guhap708 Decided April 11, 2014

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

In electively, the part of the management and disposition plan approved by the head of the Gu among Daegu Metropolitan City on March 21, 2012, including the estimated amount in attached Form, shall be revoked. or the defendant confirms that the part of the list, such as the estimated amount in attached Form, among the management and disposition plan approved by the head of the Gu among Daegu Metropolitan City on March 21, 2012, is invalid.

2. Purport of appeal

The judgment of the first instance is revoked. All of the plaintiffs' claims are dismissed.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of this court's decision is as follows: "43,362,317,65 won" in the fourth sentence below is "43,362,317,465 won" in the first instance court's decision. Further, the defendant's additional evidence submitted in the trial and lack of recognition of the defendant's assertion is as stated in the reasoning of the first instance court's decision, except for the rejection of evidence Nos. 30, No. 31-1, and No. 31-2, and No. 420 of the Civil Procedure Act. Thus, it is cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act, Article 420 of the

2. Conclusion

Therefore, the judgment of the first instance court is justifiable, and all appeals by the defendant against the plaintiffs are dismissed as it is without merit. It is so decided as per Disposition.

[Attachment]

Judges private-public officials (Presiding Judge)