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(영문) 서울고등법원 2017.06.22 2016나2085348
집단환지신청무효확인의청구
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The grounds for the acceptance and alteration of the judgment of the court of first instance are as follows, and such reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for dismissal or addition as follows.

The "844,01 square meters" in the 7th place of the 2nd parallel shall be deemed "84,010 square meters".

The clan of this case in the second 12th son shall be deemed to be the clan of the plaintiff.

Part 3, conduct 7, the following shall be added:

1) The summary of the defense that there is no interest in a lawsuit shall be “(A)” and “(2) of the 12th act” shall be “(a)”.

Part 3: The following shall be added to Part 14:

"The defendant association is an administrative body under public law as an urban development project association under the Urban Development Act, and the lawsuit that disputes the validity of collective land substitution application against the defendant who is an urban development project association is about the legal relationship under public law, which directly affects the illegality of administrative disposition according to the result of the lawsuit.

The lawsuit related to such legal relations in public law falls under the substantial party litigation under Article 3 subparagraph 2 of the Administrative Litigation Act, and therefore, the lawsuit in this case is exclusively transferred to the administrative court having jurisdiction over the location of the defendant, and thus, it should be transferred

However, the lawsuit of this case is a case where it is obvious that the lawsuit of this case will be dismissed at the time of transfer because the lawsuit of this case has no interest in the lawsuit for the same reason as seen above.

3. The lawsuit seeking confirmation of invalidity of the Plaintiff clan’s application for collective land substitution of this case, which is unlawful because of the lack of a resolution of the general assembly, requires a resolution of the general meeting regarding collective ownership property as a lawsuit concerning collective ownership, and without such resolution.

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