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(영문) 서울고등법원 2020.08.21 2019누64589
관리처분계획취소
Text

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.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for partial revision as follows. Thus, this case is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

[Revision] The 7th 7th 17 to 19th 19th "The 92-type applicant exclusively for a new apartment among the members of the association allocates 35 households remaining after supplying the members of the apartment association." "The 35 members of the commercial building who purchase an apartment shall be assigned 35 households remaining after supplying the members of the apartment association among the 92mm2 square meters exclusive for a new apartment."

The 10th page 14 "Apparent" shall be written to the effect that "Apparent" was expressed.

Part 14. The following shall be added to the first place:

According to the statement on evidence No. 6 of the Act, Y’s relationship at the general meeting of this case stated that “In the case of a virtual price, there have been a lot of development gains compared to that of an apartment as it does not affect the floor area ratio, and thus, the standard for compensation for the members of the commercial building, such as the instant table, was prepared.” As the plaintiffs’ assertion, there is room for calculating the average right value of the members of the commercial building, such as the plaintiffs’ assertion, at a higher level than the amount of the rights of

However, even according to the statement of the above Y related party, the content that Y intended through the instant report is merely that 323,965,000 won is compensated as the amount of the right based on the 13.5 square meters of the ownership site, reflecting the development gains of the commercial building when a member of the commercial building purchased an apartment, and the amount of rights of the member of the commercial building, such as the plaintiffs' assertion, is not necessarily recognized to have a certain percentage than the amount of rights of the member of the apartment association

However, as the plaintiffs' assertion, the right value of commercial union members is the apartment association members.

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