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(영문) 서울고등법원 2020.07.10 2018나2018021
청구이의
Text

1. The court shall dismiss the action on the claim for confirmation of illegality that has been changed alternatively in this court;

2. The plaintiff's remainder.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The reasons why the court should explain this part of the plaintiff's assertion are as follows: 2. The plaintiff's argument "the plaintiff's argument" is as follows 1. 4.

The addition of the description in the paragraph shall include the following parts: (2) the 5th to 14th on the same side:

In addition to changing the same as the statement in a claim, it is identical to the corresponding part of the judgment of the court of first instance, and thus, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In addition, the part to be added (as set forth in the 9th sentence below of the first instance judgment) 11), the Plaintiff did not consent to the management and disposal plan proposal at the General Meeting of the Management and Disposal on August 24, 2003, and the Plaintiff did not consent to the request for sale and compensation against the Plaintiff.

The rebuilding of this case is unconstitutional since there is no compensation for the plaintiff's property right, and in this regard, the judgment of Suwon District Court 2003Gahap3177 is null and void.

On the other hand, the Suwon District Court Decision 2005Gahap4587 decided that the consent of 4/5 or more was agreed even though the consent was not required by the resolution of the general assembly.

Ultimately, the judgment of execution of this case based on the above invalid judgment is null and void, and compulsory execution based on the judgment of execution of this case is an abuse of right, and the executory power of the judgment of this case must be excluded.

12) The Defendant did not have any resolution on compulsory execution by the judgment of execution of this case at a general meeting, etc. Therefore, compulsory execution by the judgment of execution of this case is an abuse of rights, and the executory power of the judgment of this case shall be excluded.

B. The modified portion (the 5th to 14th page of the first instance judgment).

Since the judgment of the court of first instance on the claim for confirmation of illegality has a serious error as shown in the attached Form, the judgment of the court of first instance confirms its illegality.

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