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(영문) 서울고등법원 2020.08.20 2020누33512
조합설립인가무효
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal, including the costs of supplementary participation, are assessed against the Plaintiffs.

Reasons

1. The grounds alleged in the trial of the court of first instance are not significantly different from the grounds alleged by the plaintiffs in the court of first instance while appealed, and even if the evidence submitted in the court of first instance is reviewed together with the allegations by the plaintiffs, the judgment of the court of first instance that dismissed all the claims of the plaintiffs is justifiable.

Therefore, this court's reasoning is identical to the reasoning of the judgment of the court of first instance except for dismissal or addition as follows. Thus, this court shall accept it in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The term "housing construction business in the area of 22,158 square meters" shall be 10 square meters in the three-dimensional judgment of the court of first instance as "the housing construction business in the area of 22,518 square meters" (hereinafter referred to as "the housing construction business in this case").

In the 3th 11th 1st am the Housing Act as the former Housing Act (amended by Act No. 16870 of Jan. 23, 2020; hereinafter the same shall apply), each of the 5th 20 am, 6th am, 13 am, and 11th am the former Housing Act as the former Housing Act, and 15th am the Housing Act as the former Housing Act (amended by Act No. 16870 of Jan. 23, 2020).

The 6th 18 and 19th 19th am "Enforcement Decree of the Housing Act" is "former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 30864 of July 24, 2020), the 11th am "Enforcement Decree of the Housing Act" shall be "former Enforcement Decree of the Housing Act", and the 16th am "Enforcement Decree of the Housing Act" shall be "Enforcement Decree of the Housing Act (amended by Presidential Decree No. 30864 of July 24, 2020)" respectively.

The defendant's 5th parallel "the defendant's 5th parallel" shall be deemed to be "the defendant's intervenor."

The 7th 10th 10th 7th am " shall not be deemed to constitute an obvious defect that can be clarified even without investigation of the facts."

The 7th parallel 11 to 10th parallel 20 pages are as follows:

We examine the plaintiffs (C) and (4).

(i) applying the replotting method; and

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