logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2017.12.08 2017누21425
총회결의무효확인
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The fact-finding and decision of the first instance court is justifiable in view of the evidence duly admitted and examined by the first instance court, even if the evidence submitted by the plaintiffs in this court was also presented to the court, and there is no error as alleged in the grounds for appeal by the plaintiffs.

The reasoning of this Court is that the reasoning of this case is stated in the reasoning of the first instance judgment, except for the addition of the following "2. Supplementary or additional decision" as to the assertion that the plaintiffs emphasize or add again at the trial of the party, and therefore, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Supplementary or additional determination

A. The plaintiffs' claim 1) The resolution of the general meeting of the management and disposal plan under Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is an act of including the notification of the application for parcelling-out under Article 46 of the Act, so long as the resolution of the former management and disposal plan is null and void, the first disposition following the first disposition is null and void. Since the resolution of the former management and disposal plan is null and void or nonexistent by the relevant case, the validity of the first notification of the application for parcelling-out as well as the procedural act for the former management and disposal plan shall also be extinguished, and it cannot be deemed null and void as the first notification of the application for parcelling-out as an invalid resolution of the former management and disposal plan is separately separated from the application for parcelling-out in the former management and disposal plan. Thus, the first disposition accepting the application for authorization of the establishment of the first unit, including the plaintiffs, to exclude the applicants for the first unit parcelling-out under the premise that the first notification of the application for parcelling-out and the subsequent resolution are invalid.

5.31.The Conference of the Parties shall be held without convocation notice to the first applicant for the sale.

arrow