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1.The judgment of the first instance shall be modified as follows:
The defendant shall receive KRW 1,138,621,00 from the plaintiff.
Reasons
1. The reasoning for the court’s explanation on the facts and this part of the relevant statutes is as follows: “The above notice was sent to the Defendant, and that the notice reached the Defendant around that time”; “Peremptory notice reached the Defendant around that time” of the 4th 3rd eth eth eth th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e.
2. Determination on the defense prior to the merits
A. The defendant's assertion of lack of standing to sue following the defect in the authorization to establish the plaintiff union is asserted to the purport that the plaintiff union has no standing to sue since the plaintiff union has a significant and apparent defect in its establishment itself for the following reasons.
(1) According to Article 16(3) of the Urban Improvement Act, when an area which is not a housing complex is included in a rearrangement zone, at least 3/4 of the owners of land or structures within an area which is not a housing complex, and at least 2/3 of the land size, an association is authorized to establish an association with the consent of landowners, and the association has obtained authorization to establish an association without meeting
② On March 29, 2011 and September 13, 2012, the Ansan City omitted the publication of a topographical map on the instant improvement zone at the time of the public announcement of the designation of the instant improvement zone, etc., and the public announcement of the designation of the improvement zone. Pursuant to Article 8 of the Framework Act on the Regulation of Land Use and Article 7 of the Enforcement Decree of the same Act, the public announcement of a topographic map is an effective requirement for the designation of the area, district, etc., and thus, there is a defect in the designation, etc. of the instant improvement zone at the time when Ansan City did not make the public announcement of a topographic map, and the defect is significant and apparent, and thus, the