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(영문) 부산고등법원 2016.06.01 2015나55250
대여금
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 reasoning of the court’s explanation as to this case is as follows. Except where the Defendants added a new judgment as to the assertion that was newly made in this court, the reasoning of the court’s explanation as to this case is as stated in the part against the Defendants among the reasons of the judgment of the court of the first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

(a)as set forth in Part VII of the judgment of the first instance court, the following shall be added:

h. On the other hand, among the operational regulations of the Defendant Committee, the contents relating to this case are as follows:

2. Matters requiring consent of at least 1/2 of the owners of land, etc. who have approved organizing the promotion committee;

(3) The consent of the owners of lands, etc. under paragraph (1) shall be made by means of the written consent using a seal imprint, and a certificate of seal imprint shall be attached thereto;

Article 22 (Methods of Resolution at Resident General Meeting) (1) Except as otherwise expressly provided for in the Act and its operating regulations, a majority attendance of the owners of lands, etc. who have agreed to the composition of the promotion committee shall be held, and

Article 32 (Financial Resources) Funds for the Operation of Promotion Committee and the Implementation of Projects shall be raised pursuant to the following subparagraphs:

1. Expenses paid by the owners of land, etc.;

2. Borrowings from financial institutions, specialized management businessmen of rearrangement projects;

B. The judgment of the court of first instance stated in Chapters 5 through 13 of the Decision of the court of first instance shall be followed as follows.

If a part of a juristic act is null and void, it shall be deemed null and void, but it shall be deemed that the juristic act has been conducted even if the null and void part has not been made.

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