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(영문) 서울고등법원 2017.12.01 2017누62343
관리처분계획취소
Text

1. All appeals filed by the plaintiffs are dismissed.

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

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

Reasons

1. The grounds for this judgment of the court of first instance shall be as follows, except where part of the judgment of the court of first instance is amended or added as follows:

Therefore, it shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

7.9 Myeon nine members shall add "the provisions of subparagraph 9 (b) of Article 2 of the Act" to the following:

The term "in accordance with the provisions of Article 44" shall be added to the front of the "period of application for sale" in 7, 10, and 11.

The period for application for parcelling-out under Article 44, subparagraph 4 of the Articles of Incorporation shall be from 30 days to 60 days from the date of notification.

Provided, That where it is deemed that there is no problem in formulating a management and disposal plan, the association may extend the period for application for parcelling-out within 20 days.

The part “ shall be added.” From the 2nd to 8th 2nd 2nd 7th east, as well as the 1st h h h h h h h h h h h h h h h h h, as follows: “However, on June 20, 2016, the Plaintiffs submitted a written consent to the establishment of the association, the first application period (from October 1, 2015 to December 19, 2015) and the second application period for parcelling-out (from March 28, 2016 to April 26, 2016), the submission of such written consent by the Plaintiffs cannot be deemed a valid consent to the establishment of an association that can become a member of the Defendant.

In addition, it may not be deemed that the third application period under the authorization for the change of project implementation was submitted on January 2017, when seven months have elapsed from the submission of the consent letter of the establishment of the plaintiffs without validity as above.

Moreover, the Defendant already exercised the right to demand sale against the Plaintiffs who did not consent to establish an association pursuant to Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013) and Article 48(4) of the former Act on the Ownership and Management of Condominium Buildings (amended by Act No. 12738, Jun. 3, 2014).

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