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(영문) 서울고등법원 2013.10.04 2013누21146
조합원지위무효확인
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's primary claim and the second preliminary claim are all made.

Reasons

1. The reasons for this part of the basic facts are as stated in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, since the reasoning for this decision by the court of first instance is the same as stated in paragraph (1) of the same Article.

2. The reasons for this Court’s reasoning concerning the primary claim and the secondary claim are as stated in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, inasmuch as the reasoning for the judgment of the first instance is the same as the stated in Article 1(2), with the exception that the last action “shall be revoked or confirmed to be null and void,” on the grounds for this part of the judgment of the first instance.

3. The reasoning for this part of the judgment of the court as to the preliminary claim Nos. 1, 3, 4, and 5 is as follows: the reasoning for this part of the judgment of the court of first instance is as stated in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

4. The plaintiff's main claim and the second preliminary claim are unlawful, and all of them are dismissed. The plaintiff's main claim and the second preliminary claim are dismissed. It is so decided as per Disposition by the assent of all.

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