관리처분총회결의무효확인
1. Revocation of a judgment of the first instance;
2. The plaintiff BY's lawsuit shall be dismissed;
3. Plaintiffs except Plaintiff BY.
1. The grounds for this part of the disposition by the court are the same as the corresponding part of the judgment of the court of first instance (the corresponding part of the judgment of the court of first instance from the 2nd to the 5th 9th eth eth eth eth eth eth eth eth eth)
2. We examine the legitimacy of the Plaintiff BY’s lawsuit ex officio.
The Defendant’s documentary evidence submitted on July 4, 2019 stated that “Plaintiff BY transferred its ownership to a third party and is not in the status of the Defendant’s membership, and Plaintiff BY’s lawsuit is instituted by a person who has no legal interest and thus ought to be dismissed as it is illegal.” However, the Defendant did not make a statement in the pleading.
A lawsuit seeking confirmation of invalidation, etc. may be instituted by a person who has a legal interest in seeking confirmation of validity of a disposition, etc. (Article 35 of the Administrative Litigation Act). A lawsuit seeking revocation may be brought by a person who has a legal interest in seeking revocation of a disposition, etc. (Article 12 of the same Act). Article 19 of the former Act provides that a member of a rearrangement project shall be “land owner, etc.” (Article 1) and Article 2 Subparag. 9 (a) of the same Act provides that the owner of land or building located in the rearrangement zone shall be “owner of land, etc.”
In full view of the above provisions, since the owner of a parcel of land or structure in a rearrangement zone who acquired the status of a partner of the rearrangement zone loses the ownership of the parcel of land or structure, the status of the partner is lost, and the legal interest in seeking confirmation or revocation of the invalidity of the management and disposal plan is no possibility to affect the legal relationship in the management and disposal plan if he/she loses the status of the partner.
With respect to this case, the defendant's articles of association will add the purpose of the whole pleadings to the statements in the health department, Gap evidence 7, and Eul evidence 37.