logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.01.17 2012누14363
조합설립인가처분등무효확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal shall include the part resulting from the participation in the appeal.

Reasons

1. The reasons for admitting the reasoning of the judgment of the court of first instance are as follows: ① In light of the contents, form, structure, and purport of the above provision, the part of the "in light of the contents, form, structure, and purport of the above provision," and the changed management and disposal plan formulated without applying for parcelling-out as alleged by the above plaintiffs, with the consent of at least 2/30 of the members of the defendant union at the general meeting of the association with the consent of at least 306 (refer to the evidence No. 30, records No. 4,262). As long as the change of the presumption ratio applies the same to all the members of the defendant union, even if the presumption ratio is changed from 110.35% to 95.06%, even if there is no special circumstance to see that there is a new difference to the degree of loss of fairness among the members of the defendant union, it shall be used as the "in light of the circumstances where there is no special circumstance to discover that there is a new difference between the members of the defendant union."

2. Additional determination

A. Of the judgment of the court of first instance, there is no evidence or fact that the disposition of approving the establishment of this case and the first disposition of approving the establishment of the association are dissolved due to the second disposition of approving the establishment of the association. Thus, each of the above dispositions cannot be deemed replaced by the second disposition of approving the establishment of the association. Accordingly, there is a benefit in filing a lawsuit seeking nullification of the above dispositions.

(2) The project execution plan and the changed project execution plan, the changed project execution plan and the changed management and disposal plan of this case, and the changed management and disposal plan of this case cannot be deemed to have been dissolved by the changed project execution plan or the changed management and disposal plan of this case.

arrow