사업시행계획등무효확인
All appeals are dismissed.
The costs of appeal are assessed against each party.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The lower court acknowledged the following facts. A. The lower court acknowledged the following facts.
On November 29, 2006, the defendant was established in accordance with the first disposition to authorize the establishment of the association (the abbreviationd language used by the original court; hereinafter the same shall apply), and was authorized to implement the first project thereafter, and was authorized to revise the first project implementation plan partially.
B. Some of the owners of land, etc. filed a lawsuit seeking nullification of the first disposition of authorization to establish an association on the ground that the ratio of consent is below, the Defendant received the first disposition to approve the establishment of an association on May 31, 2010 by supplementing the defects, and thereafter established and authorized the second project implementation plan.
C. The Defendant filed a lawsuit seeking revocation that part of the owners of the land, etc. were illegal and that the first disposition for authorization for the establishment of the association was also illegal. The Defendant received a disposition for authorization for the establishment of the second and second establishment of the association on May 20, 201 by supplementing the defects, and obtained authorization for the establishment of the third, fourth, and fifth project implementation plan for three times thereafter.
On the other hand, the first disposition of approving the establishment of an association was rendered final and conclusive on December 27, 2012, and the first disposition of approving the establishment of an association became final and conclusive on June 12, 2014.
2. Judgment on the plaintiffs' grounds of appeal
A. Whether the plan to alter the third, fourth, and fifth project implementation plans due to the defect in the establishment of an association is null and void automatically (the grounds of appeal by the plaintiff (Appointed Party) and the grounds of appeal by the plaintiff D), based on the facts in the above 1., the court below held that the second plan to alter the establishment of an association meets the requirements of the disposition to approve the establishment of a new project, and based on this, the third project implementation plan, which was set up, is considered to be a substantial new project implementation plan, and therefore the first and first project implementation plan