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(영문) 서울고등법원 2018.07.20 2018누36402
관리처분등총회결의무효확인청구의 소
Text

1. Revocation of the first instance judgment.

2. All of the instant lawsuits are dismissed.

3. Of the total litigation costs, 1/2 of the plaintiffs are the plaintiffs.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, this part is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the lawsuit of this case is lawful

A. On September 10, 2017, after the Defendant’s first instance judgment was rendered, the general meeting of partners was held on September 10, 2017, following the resolution of the general meeting of shareholders in a new management and disposition plan, and subsequently, the amendment of the management and disposition plan was made by the Jungcheon market on November 14,

The management and disposal plan of this case is a content that substantially alters the main parts of the management and disposal plan of this case, and thus, the management and disposal plan of this

Therefore, the instant management and disposition plan does not have any legal interest to seek confirmation or revocation of its invalidation as it falls under the past legal relations, and thus, the instant lawsuit is unlawful.

B. Determination 1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas”).

According to Article 48 (1), in cases where a project implementer intends to modify, suspend, or abolish a management and disposal plan as well as the formulation of the plan, the head of a Si/Gun shall obtain authorization, including the price based on the date of public announcement of a project implementation authorization, the estimated amount of the land or structures scheduled for parcelling-out, the details of the previous land or structures scheduled for parcelling-out by objects of parcelling-out, the details of the previous land or structures by objects of parcelling-out, and the timing for sharing the expenses for the improvement project, the details of rights other than the ownership of the previous land or structures, the details of rights other than the ownership of the land or structures by tenants, the details of rights for compensation for losses by tenants and their appraised values, and other matters related to rearrangement projects, based on the status of

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