상가분양계약 효력 부존재 확인
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance cited the same part as against the defendant among the reasons of the judgment of the court of first instance, except for the case where “a judgment on the cause of claim” in the part of “2. Appeal and judgment” in the judgment of the court of first instance as set forth in the following paragraph (2), thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts after completion of construction by a housing association as the main body of the construction is "(a) Judgment on the cause of the claim 1) The part constructed and completed by the housing association which belongs to the general public other than the association members shall belong to the collective ownership of all the association members, and the management and disposition of collective property shall be governed by the articles of association or regulations of the housing association, if any, and a resolution of a general meeting of association members shall be made unless the articles of association or regulations pertaining thereto are stipulated; and
(2) Each of the instant commercial buildings is newly constructed by the Plaintiff as the main body of business and belongs to the collective ownership of the association members. Therefore, as seen earlier, the Plaintiff’s union’s bylaws can be sold out in accordance with the resolution of the general meeting of association members or the board of directors. As such, the Plaintiff’s union’s bylaws can be sold in accordance with the resolution of the general meeting of association members. However, in full view of the following facts and circumstances acknowledged by the purport of the Plaintiff’s testimony and the entire pleadings, the Plaintiff’s evidence Nos. 4, 11 (including each number, 13, 16-1, 17, 18-1, 16-1, 17, and 18-1, and 10-1, 10-1, 10-2, 5-2, 5-2, and 5-2, 5-2, and 101-2, E can be acknowledged otherwise without the Plaintiff’s general meeting or the board of directors’ resolution.
1. The rules of the Plaintiff Union shall prepare and keep the minutes of the general meeting and the board of directors.