총회결의무효확인등
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 reasoning of the judgment of the court of first instance, citing the instant case, is as stated in the reasoning of the judgment of the court of first instance, except for the parts which are used or deleted or added as follows. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary, deleted, or added part] The 5th page "Plaintiff A" in the judgment of the court of first instance shall be deemed "Plaintiff A" in the judgment of the court of first instance.
On March 18, 2019, the Joint Plaintiffs A of the first instance trial withdrawn the appeal.
From March 3 of the first instance judgment, the 5th sentence “ March 2014.” as “ March 13, 2014.”
From three pages of the judgment of the court of first instance, each of the 1st, 8th, 4th, 5th, 10th, 4th, 5th, 5th 6th, and 3th from below to the 3th, "Plaintiff A and B" respectively.
The 4th judgment of the first instance court is the 675 "person" of the 11st judgment as "672 person."
If the judgment of the court of first instance 4 pages 14, the defendant's "the defendant's association" is "the defendant's association".
In the judgment of the court of first instance, approximately 130 persons (i.e., 130 persons to 5 pages 9), including the following parts:
Since the owners of land, etc. are omitted, the consent rate should be calculated by including the number of owners of unauthorized buildings, etc. omitted as above.
According to this, the number of owners of land, etc. at the time of applying for authorization to establish the instant association is 810 persons, and the number of consenters is 506 persons, so the actual ratio of consent is 62.46% (i.e., 506 persons who consent, 810 persons who own land, etc., and 3 decimal places (hereinafter the same shall apply).
Even if the owner of an unauthorized building is not included in the land owner, it is reasonable to deem that the number of the owners of the land, etc. at the time of applying for authorization to establish the association of this case is 666, and that the number of consenters is 462.2. Thus, the actual ratio of consent is over 69.36% (i.e., 462 consenters/66).
(b).