조합설립인가취소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal, including the part arising from the supplementary participation, are assessed against the Plaintiffs.
1. The reasons why the court accepted the judgment of the court of first instance concerning this case are as follows. The part of the judgment of the court of first instance is modified as stated in Paragraph 2 below, and the plaintiffs added the judgment of the second or new argument to this court as stated in Paragraph 3 below, and therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 42
(hereinafter the meaning of the language used in this context is the same as the judgment of the court of first instance). 2. Amendment of the Regulation No. 81-2 of the 8th Amendment, which reads “the fact that the articles of incorporation have been obtained” as “the fact that the articles of incorporation has been obtained based on the draft articles of incorporation, such as the standard articles of incorporation or standard articles of incorporation.”
The "Gu Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents" in the first sentence shall be applied to the "Gu Ordinance on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents".
3. Additional determination
A. The plaintiffs' assertion 1) The promotion committee of this case did not explain the major parts of the articles of association at the time of demanding the consent to establish the association in order to establish the intervenor. Thus, the consent to establish the association of this case is unlawful because there is a serious procedural defect in the consent to establish the association of the owners of the land, etc. which is the basis of the authorization of this case. 2) The promotion committee of this case was already prepared by the committee of the Housing Redevelopment Promotion (tentative name) around 2003 at the time of demanding the consent to establish the association from the owners of the land, etc. in the project area of this case at the time of demanding the consent to establish the association of this case, and there was the articles of association (part of the A evidence No. 12) which was approved by the residents' general meeting on May 203, 203. Since the promotion committee of the CSS zone and the promotion committee of this case are recognized to be identical.