조합설립무효확인
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal shall include the part resulting from the participation in the appeal.
1. The reasoning for the court’s explanation of this case is as follows: “4/5” under the 8th judgment of the court of first instance shall be used as “4/5 (3/4 after the amendment by Act No. 8785, Dec. 21, 2007)”; and except for addition of the judgment of the plaintiffs as to the plaintiffs’ assertion as referred to in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, it shall be cited as it is in accordance with the main text of Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Additional matters to be determined
A. The plaintiffs' real estate owned by the plaintiffs is not necessarily necessary for the project of this case, and the defendant promised to exclude the plaintiffs' real estate owned by the plaintiffs from the improvement zone of this case over several times.
The decision on the designation of the rearrangement zone of this case, including the plaintiffs' real estate that is less needed or promised to be excluded from the project zone, is unlawful because it exceeds the discretionary power or violates the principle of trust protection, and the disposition of this case is null and void.
B. There is no ground to view that the inclusion of the Plaintiffs’ real estate in the instant rearrangement zone was a deviation or abuse of discretionary power, and the Defendant expressed a public opinion that excluded the Plaintiffs’ real estate from the instant rearrangement zone.
There is no evidence to deem that the plaintiffs committed any act with trust in the name of such statement of opinion.
Therefore, the plaintiffs' assertion is without merit.
3. In conclusion, the plaintiffs' claim of this case is dismissed in its entirety as it is without merit, and the judgment of the court of first instance is just in its conclusion, and all appeals of the plaintiffs are dismissed. It is so decided as per Disposition.