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(영문) 서울고등법원 2016.06.23 2016누32994
청산금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The court's explanation of this case by the court of the first instance as to this case is consistent with the reasoning of the first instance judgment, except for a modification or addition of a part of the judgment of the first instance under paragraph (2) below, and an addition of a judgment of the plaintiff's assertion in the court of first instance, thereby citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article

In the second chapter of the judgment of the first instance of theO, “The inaugural general meeting was held on April 30, 2003,” the number of 164 persons (including 16 persons indicated in writing consent) from among the owners of the land or buildings in the project implementation district on April 30, 2003, was changed to 164 persons (hereinafter “the inaugural general meeting of this case”) from among the 290 persons (including 16 persons indicated in writing).”

(O) Part 5 of the third part of the judgment of the first instance, “The Committee for Promotion of the Establishment of the Association of this case,” in the third part of the judgment of the court of first instance, shall hold a board of directors on June 12, 2003 to limit the subject matter of the reconstruction project to the apartment house in the project area, and then shall revise the subsequent project plan (hereinafter “the resolution of the board of directors

(O) Part 3 of the first instance judgment, “85 sectional owners of a non-permanent house” is added to “85 sectional owners of the non-permanent house” (hereinafter “instant sectional owners”).

Then, following the first instance judgment of the first instance court, “A disposition of modification was issued from the South Yangyang City Mayor.” The consent rate of the owners of land, etc. was 82.74% (580%/701) according to the rebuilding consent letter submitted to the South Yangyang City Mayor at the time. Then, the Defendant obtained the authorization for modification of the association establishment from the South Yangyang City Mayor on the ground that the articles of association, partnership officers, partnership members, etc. was modified according to the resolution of the general meeting of association members.

O The 20th to 18th of the first instance judgment shall be amended as follows.

According to the above facts, the inaugural general meeting of this case is held.

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