(영문) 서울고등법원 2008. 10. 22. 선고 2008나6658 판결[관리처분계획안수립결의무효][미간행]
Plaintiff 1 and four others (Law Firm Bosch Rexroth, Attorneys Cho Jae-hwan et al., Counsel for the plaintiff-appellant)
Plaintiff 6 and 14 others
Defendant Reconstruction Association (Law Firm, Kim & Lee, Attorneys Kang Yong-ok et al., Counsel for the defendant-appellant)
September 24, 2008
Seoul Central District Court Decision 2006Gahap8904 Decided November 15, 2007
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
1. Purport of claim
From among the agenda items of the general meeting of the defendant on August 11, 2006, each resolution on the "case of rebuilding ruling", "case of approval of a management and disposition plan (draft), "case of approval of modification of a business plan", "case of delegation of matters subject to resolution of the general meeting", and "case of delegation of matters subject to resolution of the general meeting" under subparagraph 10 shall be confirmed null and void (it is confirmed only the invalidity of each resolution on the agenda items of subparagraphs 1, 6, and 8 above, and only the defendant appealed against the judgment of the first instance court which dismissed the request for confirmation of invalidity of the resolution on the agenda items of subparagraph 10, so the part of the request for confirmation of invalidity of the resolution on the agenda items of subparagraph 10 was excluded from the scope of
2. Purport of appeal
The part of the judgment of the first instance against the defendant shall be revoked. The plaintiffs' claims corresponding to the above revocation shall be dismissed.
The reasoning for the court's reasoning in this case is as follows: (a) considering the evidence in the first instance court's evidence evidence evidence Nos. 13 through 16, the defendant's resolution of each general meeting on August 11, 2006 concerning each item of claim Nos. 1, 6, and 8 constitutes "the modification of the rebuilding resolution" in addition to the evidence in the first instance court's judgment; (b) it is identical to the part of the judgment on the validity of the resolution of each item of claim No. 1 among the reasons for the first instance judgment, except for the rejection of additional evidence for the reason for the second instance's judgment, since it is not sufficient to reverse the determination and determination of each item of claim No. 1, 6 and 8
Therefore, the judgment of the court of first instance on the validity of each of the above resolutions is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.
[Attachment List of Appointed]
Judges Sung Pung-chul (Presiding Judge)