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(영문) 서울고등법원 2018.05.29 2017누85629
관리처분계획취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for the following modifications, thereby citing it in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The 3th to the bottom of the judgment of the first instance shall be deleted from 8th to 2th, and 5th to 6 second.

(A) On the 3rd bottom of the judgment of the court of first instance, the 3rd bottom of the judgment of the court of first instance “A” 1, 6th 3rd 1, 4 10, and 7th 9 .C ., respectively, shall be applied to “B.”

As the first instance judgment was selected at the fourth bottom of the fourth instance judgment, it was found that there was a defect in violation of Article 20(5) of the operating rules of the promotion committee even in the convocation procedure of the above residents' general meeting, the selection of a contractor at the above resident general meeting shall be made.

The management and disposal plan of this case, which is established based on illegal application for parcelling-out, shall be null and void, as the decision of the court of first instance is null and void in a case where the selection of a contractor is null and void.”

At the bottom of the 9th judgment of the first instance, the following shall be added to three:

Meanwhile, comprehensively taking account of the overall purport of evidence Nos. 16 and evidence Nos. 19 and 20, Article 20(5) of the Operational Rules of the Promotion Committee of this case provides that "in case of convening a residents' general meeting, it shall be posted on the bulletin board the purpose, agenda item, date, venue, etc. from 14 days before the meeting is held, and the owners of lands, etc. shall give notice thereof by registered mail at least seven days before the meeting is held: Provided, That in case where a matter requires a resolution of the residents' general meeting is urgently needed for the promotion of the project, the promotion committee of this case shall give notice thereof to the owners of lands, etc. by registered mail at the time of posting the purpose, agenda, date, time, and place of the meeting seven days before the meeting is held."

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