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(영문) 서울고등법원 2018.09.18 2018누34406
총회결의무효확인
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 part cited by the court (whether it is unlawful to pay 30,000 won to the members who submitted the plaintiffs' assertion, relevant Acts and subordinate statutes, and written resolution among the process of dispositions, and the legitimacy of the project execution plan of this case) - This part of the court's reasoning is as stated in the corresponding part of the judgment of the first instance except for addition or dismissal as follows. Thus, this part of the court's reasoning is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Following the third sentence of the judgment of the court of first instance, the following two shall be added: "When calculating the value of the previous asset, it is impossible to ascertain whether the appraisal method has been used."

The fourth and fourth sentence of the judgment of the first instance shall be as stated in the attached Table 11 "The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017)", and the 12th "Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 28351, Sept. 29, 2017)" shall be added to "the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as "the Act on the Maintenance and Improvement of Urban Areas")", and the 5th and second sentence "the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as "the former Act on the Maintenance and Improvement of Urban Areas") shall be added to "the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents", and the 6th sentence of the first instance judgment shall be amended to "the former Act on the Maintenance and Improvement of Urban Areas".

2. Part to be used again; and

D. Whether the Defendant violated the right to free decision-making or choice of the union members who participated in the resolution of the general assembly of this case due to the distortion of proportionality, as to the establishment of the project implementation plan of this case, Gap 7, 12, 24, Eul 8, 9, Eul 11-9, the fact-finding results with the court of first instance, the fact-finding results with the court of first instance, and the purport of the whole pleadings as to the fact-finding results with respect to the Dongjak-gu Office of this court.

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