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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning of this court’s judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, citing the same as it is in accordance with the main sentence of
However, we add the following judgments as to the allegations emphasized or added by the Defendants in this Court.
2. Additional determination
A. Determination on Defendant B’s assertion 1) The Plaintiff’s project implementation plan and project implementation change plan approved on May 18, 201 and November 25, 201 to the Changwon City Mayor, which were the main point of Defendant B’s assertion, are invalid on the grounds that the contents of the plan are omitted from all important matters among those stipulated in the former Act on the Maintenance of Urban Areas and Dwelling Conditions, were formulated without the funding plan, and there is apparent and serious defect, such as without the general meeting’s resolution, and thus, the Plaintiff’s management and disposal plan approved on October 16, 201 from the Changwon City Mayor (hereinafter “instant management and disposal plan”).
B) Article 44(5) of the Plaintiff’s articles of incorporation provides that “a person who has not concluded a contract for sale in cash” shall be subject to settlement in cash. The Plaintiff did not notify or announce to its members including the Defendant B by setting the period for the sale in lots. If Defendant B decides that the contract for sale in lots has not been concluded within the period for the sale in lots, the Plaintiff’s right to demand the delivery of the instant building may be subject to settlement in cash. The Plaintiff’s right to demand delivery of the instant building cannot be allowed as unfairly compelling Defendant B to perform the duty of preferential payment. (C) According to Articles 11(2) and 44(4) of the Plaintiff’s articles of incorporation, “a person who has withdrawn the application for sale in lots prior to the approval for the management
However, according to the Defendant B’s preparatory brief dated April 20, 2017, which was prior to October 16, 2017 when the Plaintiff obtained authorization for changing the management and disposal plan, Defendant B was in accordance with the Defendant B’s preparatory brief as of May 16, 2019.