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(영문) 대법원 2015.02.26 2012두5244

관리처분계획(변경)인가및조합설립변경인가무효확인

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs (appointed parties) and the plaintiffs.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal No. 1 by the Plaintiff (Appointed Party) as to the ground of appeal No. 1, the lower court did not permit the Plaintiff (Appointed Party) to make an additional claim for the purport of the claim on the ground that the Plaintiff (Appointed Party)’s claim for nullification of the partial amendment of the project implementation plan as of June 30, 2006, which was added by the lower court at the lower court, differs from the time and nature of the original claim, since the Plaintiff (Appointed Party)’s claim for nullification of the amendment of the project implementation plan as of June 30, 206, which was the disposition subject to the original claim, is different from the time and nature of the authorization of the establishment

Examining the reasoning of the judgment below in light of the relevant legal principles and records, the above judgment of the court below is just, and there is no error in the misapprehension of legal principles as to the modification

(2) As to the ground of appeal No. 2, under Article 20(3) and (1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 944 of Feb. 6, 2009), the lower court presumed that the consent of at least 2/3 of the union members is necessary for amending the articles of association, including the cost-bearing of the union and the accounts of the union (paragraph (1) 8), the timing and procedures for bearing the cost-bearing expenses incurred in the improvement project, including construction costs (Paragraph (1) 12), and sought to wholly amend the previous articles of association at the third general meeting. In such a case, the lower court, upon application for approval with the consent of at least 2/3 of the union members under the above provision, puts the union members to the general meeting’s agenda for resolution to give an opportunity to discuss the amendment of the articles of association, and at the third general meeting, 658 persons including a written resolution among all union members.