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(영문) 서울고등법원 2016.12.08 2016누60463
조합설립변경인가처분무효
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

The court's explanation about this case is as follows: (a) by adding or modifying some of the grounds of the judgment of the court of first instance; and (b) adding the judgment on the plaintiffs' assertion in the court of first instance, it is identical to the grounds of the judgment of the court of first instance; and (c) by citing Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

(The grounds alleged by the plaintiff in the trial while filing an appeal are not significantly different from the contents alleged by the first instance court, and even if all the evidence submitted by the first instance court are examined, the first instance court’s rejection of the plaintiffs’ assertion is justifiable). The addition of and the addition to the determination of the plaintiffs’ assertion is to be changed to “the defendants” of the fifth instance judgment of theO first instance.

O The 18th to 20th of the first instance judgment shall be amended as follows.

Article 28(1)2(a) of the Enforcement Decree of the Urban Improvement Act provides that “where ownership or sectional ownership belongs to several co-ownership, one person representing such several persons shall be calculated as the owner of a plot of land, etc.” (Article 28(1)2(a) of the Enforcement Decree of the same Act provides that “where ownership or sectional ownership belongs to several co-ownerships, one person representing such several persons shall be calculated as the owner of a plot of land, etc.” However, Article 10(

It is difficult to see that AI and AH have designated AI as a representative co-owner.

However, according to Article 28 (1) 2 (b) of the Enforcement Decree of the Urban Improvement Act, where one person owns more than one ownership or sectional ownership, it shall be calculated as one owner of land, etc. regardless of the number of ownership or sectional ownership. According to this provision, even if one person owns more than one ownership or sectional ownership, it shall be calculated as one owner of land, etc.

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