관리처분계획무효확인 등
All appeals are dismissed.
The costs of appeal are assessed against the Plaintiffs, including the part due to intervention.
The grounds of appeal are examined.
1. As to the grounds of appeal Nos. 1 and 2, the lower court rejected the Plaintiffs’ assertion on the grounds that, citing the reasoning of the first instance judgment, the Defendant Union has obtained consent of 56.02% from the members of the association regarding the application for approval of the project implementation plan since the establishment of the association, and there is no proof as to the fact that the defects in the project implementation plan of this case, which are not succeeded to the management and disposal plan of this case, are serious
Examining the records in light of the relevant legal principles, the above determination by the court below is just, and there is no error as alleged in the grounds of appeal.
Meanwhile, the allegation in the grounds of appeal purporting that the members of the Defendant Union did not agree with the management and disposition plan of this case by intention is apparent in the record that it was first raised in the final appeal, and thus, it cannot be a legitimate ground of appeal.
2. Regarding ground of appeal No. 3
A. The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act”) provides for matters to be included in the articles of incorporation in consideration of the fact that “expenses of a cooperative” or “matters to be included in the contract for the selection of a work executor or designer and the contract for the selection of a work executor or designer” have a significant impact on the cost-bearing of the union members (Article 20(1)8 and 15), and stipulates that the consent of at least 2/3 of the union members shall be required to
Therefore, compared to the time of the initial rebuilding resolution, the matters regarding the “cost bearing of a cooperative” or the “matters to be included in the contract,” which require the essential contents of the articles of association of a reconstruction association to undergo strict procedures for modification of the articles of association, are to have a substantial impact on the interests of partners.