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(영문) 서울고등법원 2015.09.16 2015누42116
총회결의 부존재 확인청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

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

3. Text of the judgment of the court of first instance;

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the corresponding part of the judgment of the court of first instance as stated in the following paragraph (2). Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The height of the part 3, 11, 5, and 8, each of the “Plaintiffs” shall be deemed to be “Plaintiffs”.

The 4th parallels 11 to 18 are as follows.

Article 48(1) of the Urban Improvement Act provides that "When the period for application for parcelling-out under Article 46 expires, a project implementer shall formulate a management and disposal plan including the following matters based on the current status of application for parcelling-out under Article 46 and obtain authorization from the head of a Si/Gun, and shall also amend, suspend, or abolish a management and disposal plan. In such cases, the association shall notify in writing each member of the matters falling under subparagraph 3 (the estimated value of the site or structure scheduled for parcelling-out) and subparagraph 4 (the date the details of the previous land or structure scheduled for parcelling-out and the announcement of authorization for the implementation of the project), and subparagraph 5 (the estimated amount of the rearrangement project cost and the amount of expenses to be borne by the association members and the timing for sharing the burden therefrom) of the plan."

In addition, Article 27 of the Urban Improvement Act provides that "Except as otherwise provided for in this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to cooperatives, and Article 71 of the Civil Act adopts the dispatch principle in convening a general meeting. As such, the defendant is a document stating the items to be handled by the members of the instant general meeting from October 27, 2012 to September 24:00, September 26, 2012, which is the opening date of the instant general meeting.

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