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(영문) 서울고등법원 2019.12.19 2019누51392
관리처분계획취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. Determination on the defense prior to the merits

A. 1) The defendant asserts that the lawsuit or appeal in this case was filed by a person without the plaintiff's power of representation or power of representation, and thus, it is unlawful. 2) Article 8(2) of the Administrative Litigation Act and Article 60 of the Civil Procedure Act provide that where the revised party or legal representative confirms it after the litigation was conducted by a person with defects in the granting of litigation capacity, authority of legal representation, or authority necessary for procedural acts, the procedural acts shall take effect retroactively at the time of ratification. The above provisions apply mutatis mutandis to cases where the defects in the representative of an association or foundation which is not a juristic person or a juristic person or a juristic person, or the representative of an association or foundation which is not a juristic person, or the

(2) In light of the above legal principles, the court below held that the plaintiff's right to file an appeal is not sufficient, and the plaintiff's right to file an appeal is not sufficient, and the plaintiff's right to file an appeal is not sufficient, and the plaintiff's right to file an appeal is not guaranteed. The plaintiff's right to file an appeal is not guaranteed. The plaintiff's right to file an appeal is not guaranteed. The plaintiff's right to file an appeal is not guaranteed. The plaintiff's right to file an appeal is not guaranteed. The plaintiff's right to represent the plaintiff's right to file an appeal. The plaintiff's right to file an appeal is not guaranteed. The plaintiff's right to file an appeal is not guaranteed. The plaintiff's right to represent the plaintiff's right to file an appeal is not guaranteed. The plaintiff's right to file an appeal is not guaranteed. The plaintiff's right to represent the plaintiff's right to file an appeal and the plaintiff's right to represent the plaintiff's right to file an appeal.

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