조합설립인가취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal, including the costs of supplementary participation, are all assessed against the Plaintiff.
1. Details of the disposition;
A. On December 10, 2008, the Plaintiff is a cooperative that obtained authorization from the Defendant to implement an urban environment improvement project in Daegu-gu Seoul-gu Seoul-gu 53,417m2 (hereinafter “instant improvement zone”) on December 10, 200, and the Intervenor’s Intervenor is the Plaintiff’s member as the land owner, etc. in the instant improvement zone.
B. On June 5, 2014, the Intervenor filed an application for dissolution of an association (hereinafter “application for dissolution of this case”) on the ground that 113 of the owners, including the land, etc. on which the Defendant agreed to the establishment of the Plaintiff, consented to the dissolution of the Plaintiff.
Accordingly, the defendant decided that the remaining 112 written consent for dissolution, excluding one of the written consent for dissolution submitted, was valid, and the majority of the persons consenting to the establishment of the association agreed to be dissolved on June 11, 2014, notified the defendant joining the defendant and the plaintiff of revocation of the authorization to establish the association.
C. After that, the Defendant found that there was a defect in the procedures for hearing the Plaintiff’s president’s opinion, and notified the Intervenor’s Intervenor and the Plaintiff of the revocation of the authorization to establish the association on June 13, 2014, and notified the Plaintiff of the revocation of the authorization to establish the association on the same day by June 27, 2014.
Accordingly, the Plaintiff requested the Defendant to extend the deadline for submitting his/her opinion on June 25, 2014 by September 27, 2014, but did not submit a separate opinion.
The Defendant did not submit the Plaintiff’s opinion by June 27, 2014. On July 2, 2014, on the ground that a majority of the union members who agreed to establish the association submitted a written consent for dissolution, the Defendant issued a notice of revocation of authorization to establish the association (hereinafter “instant disposition”) to the Plaintiff pursuant to Article 16-2(1)2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
[Grounds for Recognition] contain facts without dispute, Gap evidence 1, Eul evidence 1 to 4, and each number.