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(영문) 서울고등법원 2015.04.23 2014누56316
사업시행계획무효확인등
Text

1. Part of the judgment of the first instance court against the plaintiff A, which is authorized by the defendant from the head of Gangdong-gu Seoul Metropolitan Government.

Reasons

1. The reasoning of the judgment of this court for the acceptance of the judgment of the first instance is the same as that of “1. Facts of recognition” through “4. Determination on the merits of the judgment of the first instance” (Articles 9 through 14, 17, and 16 et al.) except for the dismissal as follows, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Parts used for cutting shall be the third side.

B. 4) Subparagraph 1 of Paragraph 1 refers to “the Plaintiff” as “the Defendant.” The 7th page “the management and disposal plan of January 16, 2013” is deemed to be “the management and disposal plan of January 9, 2013.” The 7th page “the judgment on the part of the Plaintiff’s claim” in “the judgment on the part of the Plaintiff’s claim prior to the merits” (Articles 7-12 through 8-6) is deemed to be as follows.

A. On December 17, 2013, Plaintiff A’s claim for revocation of the management and disposal plan as of December 17, 2013, Plaintiff A’s claim is no longer an association member because Plaintiff A did not apply for parcelling-out, and there is no legal interest to file a claim for revocation of the management and disposal plan for alteration on December 17, 2013. Therefore, the above claim part in the lawsuit in this case is unlawful. 2) The fact that Plaintiff A did not apply for parcelling-out within the period of application for parcelling-out according to the project implementation plan for alteration of January 22, 2013 is as seen earlier. As such, Plaintiff A loses its status under Article 47 of the Urban Improvement Act and Article 42(4)1 of the Defendant’s Articles of Incorporation (i.e., “a cooperative falls under any of the following subparagraphs, is liquidated in cash for buildings and other rights within 150 days from the date it falls under:

However, in the event that there is a defect of invalidity in the project implementation plan for the change of January 22, 2013, the defendant newly established the project implementation plan and established the management and disposal plan by receiving the application for parcelling-out after obtaining approval from the head of Dongjak-gu.

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