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(영문) 서울고등법원 2017.12.08 2017누69351
관리처분계획취소
Text

All appeals by the plaintiffs are dismissed.

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 reasoning of the judgment of the court of first instance cited in this case is the same as the reasoning of the judgment of the court of first instance, except for adding a judgment to this court as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The abbreviation of the law in this part of the court's additional judgment shall be governed by the judgment of the first instance.

A. As to the plaintiffs' assertion on the criteria for the allocation of commercial buildings, the part concerning the criteria for the allocation of commercial buildings in the management and disposal plan of this case should be revoked because it is unlawful for the following reasons. (A) The part concerning the management and disposal plan of this case requires members of commercial buildings to allocate commercial buildings according to the "area desired to sell" as stated in the application for the sale of commercial buildings. This is because the location of the commercial buildings is determined depending on where the defendant allocates a certain area. Thus, it is unfair that the interests of the members of commercial buildings should be left to the defendant's own, and the criteria for the management and disposal of commercial buildings and the allocation of new commercial buildings in reconstruction should be determined to keep the business environment of the previous commercial buildings to the maximum extent. Therefore, the priority of the allocation of commercial buildings should be set in the order of "the unit area right."

B) According to the management and disposal plan of this case, the members can apply for both the sale of commercial buildings and apartment houses at the same time, and where the same scale of the same commercial buildings competes with each other, the right to the previous assets is granted a large amount of priority in the allocation of commercial buildings. This is unfair since the right of priority is granted to the members who applied for the sale of commercial buildings at the same time compared to the members who applied for the sale of commercial buildings at the same time.

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