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(영문) 서울고등법원 2019.02.19 2018누57256
정비계획수립 및 정비구역지정변경처분무효등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. All the plaintiffs' claims that have been changed in exchange at the trial.

Reasons

1. The course and scope of the instant case: (a) the Plaintiffs sought revocation of the management and disposal plan that was approved on March 8, 2017 by the first instance court’s codefendant A around the project stated in paragraph (1) in the first instance trial; and (b) the conjunctively sought confirmation of the invalidity of the alteration of the management and disposal plan publicly notified on March 7, 2016 against the head of the Defendant Incheon Metropolitan City; (2) the confirmation of invalidity of the project implementation authorization against the head of Bupyeong-gu Incheon Metropolitan City’s Bupyeong-gu on July 22, 2016; (3) the confirmation of invalidity of the management and disposal plan that was approved on March 8, 2017 against the head of Bupyeong-gu Incheon Metropolitan City, and (4) the confirmation of invalidity of the management and disposal plan that was approved on March 8, 2017 against the Defendant Codefendant A; and (2) the revocation of the amendment of the management and disposal plan that was formulated on September 9, 2017 by the resident representatives’ meeting against the Plaintiff A.

B) On September 10, 2017, the Plaintiff sought the invalidity confirmation of the sales contract concluded on September 10, 2017, and 4) around September 9, 2017, the Plaintiff sought the revocation of the disposition as preliminary (b) that the Intervenor selected as a corporate rental business operator on September 9, 2017.

The part of the claim in the first instance judgment is dismissed, and the remainder of the claim is dismissed. In response to the plaintiffs' objection, the court of first instance revoked the entire judgment of the first instance and sought a judgment identical to the purport of the claim in the first instance judgment, but only to the claim in the second instance judgment, 1)-B-(i) and 2). The purport of the appeal is modified, 2)-B-B-B-B-B-B-B-B-B-2.

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