의료생활협동조합 인가취소 처분 취소의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The court's explanation concerning this part of the disposition is consistent with the reasoning of the judgment of the court of first instance (Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, since the reasoning of the disposition is the same as that of Paragraph (1) of the judgment of the court of first instance (Article 3
(hereinafter the meaning of the abbreviationd language used in this case is the same as the judgment of the first instance). 2. Whether the disposition of this case is lawful
A. The plaintiff's assertion 1) The list of persons present at the inaugural general meeting is only an administrative clerical error but not a false statement, and the payment of contributions was made normally by persons consenting to the establishment, such as there is a certificate of payment for contributions.
B) Even if the list of persons participating in the inaugural general meeting was falsely prepared or the payment of investments made by the persons consenting to the establishment was made falsely according to their own intent, the requirements for authorization to establish more than 300 persons consenting to establishment are satisfied, and the requirements for authorization to establish more than 30,000 won of the total amount of investments are satisfied, excluding the attendance at the inaugural general meeting and the number of persons involved in the payment of investments, and the requirements for authorization to establish more than 2/3 of the persons present at the meeting, which are the quorum of the resolution of the inaugural general meeting, are also satisfied. As such, the disposition of this case was unlawful since the limitation period and the instant disposition were made after the lapse of 2-year exclusion period under Article 184(1) of the Commercial Act.
3 Even if there is a defect in the list of persons present at the inaugural general meeting and the payment of contributions, it is extremely limited to a part of the list, and since more than 1,150 members participate for more than four years and operate the association for the purpose of improving the welfare and living culture of local residents, the instant disposition revoking the authorization for the establishment of the Plaintiff is a deviation or abuse of discretionary power.
B. Grounds for the court’s explanation on this part of the relevant statutes.