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(영문) 서울고등법원 2019.05.30 2018누52060
조합설립인가취소
Text

1. All appeals filed by the Defendant and the Intervenor are dismissed.

2. The appeal costs are due to the participation of the defendant in the appeal.

Reasons

Details of the disposition

The reasons why this court is stated are as follows: “Co-owners shall be registered as co-owners” in Section 2, Section 13 and Section 14 of the judgment of the court of first instance; “Co-owners of the commercial building of this case” in Section 17 shall be deemed as “the co-owners of the commercial building of this case,” and “the co-owners of the commercial building of this case” shall be deemed as “the persons registered as co-owners of the commercial building of this case,” and shall be deemed as stated in the reasons in the corresponding part of the judgment of the court of first instance (Chapter 10 to Chapter 3, Section 14). Therefore, this shall be cited in accordance

The Defendant’s Intervenor’s Intervenor’s Intervenor’s defense prior to the merits was that the Plaintiffs and the Intervenor’s Intervenor appointed Plaintiff K as the representative of the shopping district of this case as the Plaintiff’s representative, and that K appointed as the representative consented to the establishment of the instant association, etc., the Plaintiffs were the Defendant’s Intervenor’s Intervenor. As such, there was no legal interest to seek revocation of the instant disposition to establish the association, and therefore, the instant lawsuit should be dismissed in an unlawful manner

If the purport of the entire argument is added to the statements in Gap evidence Nos. 33, 43, Eul, 10, and 11 (including the number number; hereinafter the same shall apply), 46 of the owners of the commercial building of this case appointed the plaintiff K as their representative around June 2017, and around that time, the plaintiff K submitted a written consent to the establishment of the association to the defendant joining the defendant, and thereafter, the plaintiff AI, one of the owners of the commercial building of this case, agrees to select the plaintiff K as its representative, and further, the remaining owner of the commercial building of this case submitted a written consent to the establishment of the defendant joining the defendant.

However, the above evidence and evidence Nos. 28, 28, 2, and 19 obtained by adding the whole purport of the pleadings to each of the above evidence and evidence Nos. 28, 2, and 19, i.e., the plaintiffs and the supplementary intervenors at the time

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