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(영문) 서울북부지방법원 2018.07.25 2018나30199
건물명도(인도)
Text

1. All appeals by the Defendants against the Plaintiff are dismissed.

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

purport.

Reasons

The reasoning of the judgment of the court of first instance cited the same as the reasoning of the judgment of the court of first instance, except for the following additional determination:

The defendants' assertion that the project implementation plan in this case was substantially modified to the extent that the interests of union members were significantly affected when compared with the outline of design at the time of the establishment of the association, so the consent of 2/3 or more of union members is required to make a resolution. Since the project implementation plan in this case falls short of the above consent ratio, the project implementation plan in this case is null and void, and the management and disposal plan in this case based on

Article 30 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”); Article 41(2) of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 28628, Feb. 9, 2018; hereinafter “former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”); Article 9(1) of the former Enforcement Rule of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Ordinance No. 491, Feb. 9, 2018; hereinafter “Enforcement Rule of the former Act”) and Articles 18-2 and 21 of the former Ordinance on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Ordinance on the Maintenance and Improvement of Urban Areas”).

The main sentence of Article 28 (5) of the former Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (excluding the head of a Si/Gun or the Housing Corporation, etc.) shall hold a general meeting before applying for authorization for project implementation (including cases where he/she intends to change the authorized matters or suspend or discontinue the improvement project) and obtain consent from the members.

Provided, That a project implementer shall be a project implementer.

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