사업시행계획무효확인 등
All appeals by the plaintiffs are dismissed.
The costs of appeal are assessed against the plaintiffs.
Purport of claim and appeal
1...
1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the judgment on the assertion that the plaintiffs added or emphasized in the trial of the court of first instance is added by the following Paragraph (2). Thus, this is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence
2. Additional determination
A. Prior to the proposal and resolution of the agenda relating to the project implementation plan at the time of the resolution of each general meeting of the Defendant Union as to the project implementation plan 1) 1 and 2, some members, prior to the proposal and resolution of the agenda relating to the project implementation plan, exercised their voting rights in advance and depart from the site
AP, Q, AR, and AS did not have legitimate power of representation. Considering the foregoing, each resolution of the general assembly of the Defendant Union on the first and second project implementation plans by the Defendant Union on the first and second project implementation plans does not meet the number of direct participants (one-5 of all the entire members) required under Article 24(5) of the former Act. 2) 1 and the second project implementation plans do not include resident relocation measures for cash liquidation recipients under Article 30(3) of the former Act.
3) At the time of the establishment of the second project implementation plan, the Enforcement Decree of the Building Act, which was in force at the time of the establishment of the second project implementation plan, was amended, and the method of calculating the building area, floor area, etc. of some facilities of multi-family housing has been changed. Nevertheless, the second project implementation plan of the Defendant Union is governed by the design plan, outline of each building area, design outline, etc. of the first project implementation plan. Thus, the second project implementation plan of the Defendant Union shall be deemed to have defects contrary to the Enforcement Decree of the amended Building Act. 4) With respect to the interest in dispute over