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(영문) 서울북부지방법원 2017.11.24 2017나34484
부동산인도
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons why this court is used for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following judgments as to the allegations emphasized or added by the Defendants, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. As to Defendant C and E’s assertion 1), the project implementation plan which was decided by the Plaintiff at the general meeting of December 21, 2010 is invalid by omitting statutory matters, such as the funding plan, under Article 30 of the Urban Improvement Act and Article 41(2) of the Enforcement Decree of the same Act, and was changed to another project implementation plan and invalidated by the general meeting of October 9, 2012. However, as the head of Seongbuk-gu approved the project implementation plan on January 10, 2013 with regard to the project implementation plan which was decided at the general meeting of December 21, 2010, null and void since the approval of the project implementation plan of this case was significant and clear. Accordingly, the approval of the project implementation plan of this case is null and void because the Plaintiff did not have the title to seek delivery of real estate to the Defendant, and there is no lack of evidence to acknowledge the defect in the above project implementation plan of this case, and there is no reason to acknowledge otherwise.

B. According to Article 16(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Defendant D and F, the owner of the land or building located in the Plaintiff’s business area or the person with superficies thereof (hereinafter “owner of land, etc.”) to establish the Plaintiff.

shall obtain authorization with the consent of at least 3/4 of the Act.

However, among the written consents of the owners of land, etc. included in the Plaintiff’s number of consenting persons, ① 5 different written consents from the written consents, and ② personal data column of written consents.

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