logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.09.23 2016누33256
청산금 청구의 소
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 grounds alleged by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance while appealed, and the fact-finding and judgment of the court of first instance are recognized as legitimate even if all the evidence submitted in the court of first instance are collected.

Therefore, the reasoning for the judgment of the court regarding this case is as stated in the reasoning of the judgment of the court of first instance, except for adding supplementary judgments as set forth in the following 2.2. Thus, this Court cited the argument that the plaintiffs stressed in the trial of the court of first instance.

2. Supplementary judgment

A. The summary of the plaintiffs' assertion is invalid and the establishment disposition of the association of this case is invalid, that is, subsequent acts premised on validity, the sales contract of this case between K and the defendant, who is the decedent of the plaintiffs, also invalid.

Even if the sales contract of this case is not invalid, since the management and disposal plan of this case was revised after the conclusion of the sales contract of this case, the defendant had entered into a new sales contract with the plaintiffs who are the heir of K by carrying out the sale procedure.

Therefore, the plaintiffs are subject to cash settlement under Article 47 (1) 1 of the former Act or Article 43 (4) 1 of the defendant's articles of incorporation.

B. 1) According to the evidence revealed prior to the existence of the association establishment resolution, etc., the association establishment promotion committee of this case held the inaugural general meeting including not only the original owner of the apartment house but also the owner of the detached house, and based on the above, submitted the minutes of the inaugural general meeting, the association rules, the business plan, and the written consent to the establishment authorization to the South Yangyang City Mayor, and only the owners of the apartment houses, who are subject to reconstruction in force under the Jeju Promotion Act, as above.

arrow