토지보상금
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.
1. The court's explanation on this part of the basic facts is the same as the reasoning of the judgment of the court of first instance, and thus, citing this in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on this safety defense
A. The plaintiffs sought confirmation that they are in the status of a person subject to settlement of cash in the commercial building pursuant to Article 44(5) of the articles of association of the defendant association on the ground that they did not conclude the sales contract for the commercial building by the lawsuit of this case, the defendant is obligated to obtain approval of the management and disposal plan pursuant to Article 48(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents since the contents of the existing land, buildings, rights, etc. of the person subject to settlement of cash in the commercial building constitute the contents of the management and disposal plan. Thus, in the case of the improvement project of this case, it is not allowed to return the results of the improvement project to the original state, and therefore,
B. 1) Determination 1) As long as the ownership relationship with the majority of the members, etc. is uniformly and uniformly processed due to the validity of a transfer announcement, the entire transfer announcement may not be separately modified, and it is so long as the entire transfer announcement shall be null and void, and it is not permissible to establish a new management and disposal plan from the beginning to follow the procedures for the transfer announcement as contrary to the public interest and organization legal nature of an improvement project. As such, the fact that, after the transfer announcement becomes effective, in principle, there is no legal interest in seeking revocation of a management and disposal plan or seeking confirmation of invalidity of a disposition for the establishment of an association or seeking confirmation of invalidity of a disposition for the establishment of an association (see, e.g., Supreme Court en banc Decision 2011Du6400, Mar. 22, 2012;