beta
(영문) 서울고등법원 2019.02.13 2018누61750

관리처분계획일부무효확인 등 청구의 소

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The court of first instance rejected the plaintiffs' primary claim and the first preliminary claim, and partly accepted the second preliminary claim, and only the plaintiffs lost, the appeal was filed regarding the part against which the plaintiffs lost.

Therefore, the scope of this court's adjudication is the part against the plaintiffs.

The reasons alleged by the plaintiffs in the trial are not different from those already asserted in the trial of the first instance, and the judgment of the first instance is justified as there is no error of mistake of facts or misapprehension of legal principles.

Therefore, this court's reasoning is identical to the reasoning of the judgment of the court of first instance, and thus cites it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

In conclusion, the part of the plaintiffs' primary claims and the first primary claims in the lawsuit in this case are dismissed in its entirety, and the second preliminary claims in this case are accepted within the above recognition scope, and the remaining claims are dismissed in its entirety as they are without merit. The judgment of the court of first instance is justified in conclusion, and the appeal by the plaintiffs is dismissed in its entirety as it is without merit. It is so decided as per Disposition.