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(영문) 대구고등법원 2018.08.24 2018누2439
조합설립인가처분무효확인 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are assessed against the Plaintiffs.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the modification or replacement of the statutory parts or the addition of the judgment of the court of first instance on the plaintiffs' assertion as follows. Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of

2. Parts amended, replaced and added;

(a) Second-party judgment in the first instance;

C. (2) The part of paragraph (a) (No. 5) (No. 14 to 6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13805, Jan. 19, 2016); hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents” is amended as follows.

(2) Notwithstanding Article 47(1) and (2) of the Act on the Ownership and Management of Aggregate Buildings, when the committee of promoters of housing reconstruction projects intends to establish an association, it shall obtain authorization from the head of a Si/Gun with the consent of at least 2/3 of sectional owners of each building in a housing complex, owners of at least 1/2 of land size, at least 3/4 of all sectional owners within a housing complex, and landowners of at least 3/4 of land size in a housing complex (Article 16(2)), and (2).

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