logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.01.23 2016누44263
관리처분계획무효확인
Text

All appeals by the plaintiffs are dismissed.

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 reasoning of the judgment of the court of first instance cited in this case is the same as the reasoning of the judgment of the court of first instance, except for adding a judgment to this court as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The plaintiffs in this court asserts that "The management and disposal plan of this case has defects in the contents, such as the size, shape, number, etc. of each sectioned store in the plan for sale in lots, and ② in the allocation of the new commercial building area, by allocating the new commercial building area based on the exclusive use area of the existing commercial building without disregarding the difference between the floor area ratio and the G commercial building area, there is a defect in the E commercial building's unfair discrimination against the members, and ③ there is a defect in violation of the purpose of the independent settlement system for commercial buildings."

The above assertion made by the plaintiffs in this court does not differ from the contents of the plaintiffs' claim in the first instance court. The first instance court and the evidence submitted to this court were examined, and the court below rejected the plaintiffs' claim for the same reasons as cited earlier (in particular, the plaintiffs asserted the illegality of the allocation of new commercial buildings to I, and asserted that N, E, a member of E, filed a lawsuit against I for nullification of the management and disposition plan as Seoul Administrative Court 2016Guhap16622. The above lawsuit was sentenced to dismissal in the first instance court judgment on October 28, 2016, and the defendant appealeded the lawsuit as Seoul High Court 2016Nu7424 as of October 28, 2016, and there is insufficient evidence to acknowledge the illegality of appraisal and assessment of I members even after examining all the evidence submitted by the plaintiffs).

3. Conclusion, the plaintiffs' claims are without merit.

In conclusion, the judgment of the first instance that dismissed all the plaintiffs' claims is justifiable, and the plaintiffs' appeal is without merit.

arrow