의료생활협동조합 인가취소 처분 취소의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 2012, the Plaintiff’s representative of promoters B filed an application with the Defendant for authorization to establish an association with the following content, following the inaugural general meeting on April 13, 2012 and the extraordinary general meeting on July 13, 2012. The Defendant approved the establishment of the Plaintiff on July 23, 2012.
The plaintiff completed the registration of incorporation on July 27, 2012.
- 302 persons consenting to establishment - Total amount of 3,0360,000 won
B. On August 29, 2016, the Defendant notified the Plaintiff of the revocation of the authorization for the establishment of a cooperative pursuant to Article 82(1)1 of the Consumer Cooperatives Act (hereinafter “Consumers Cooperatives Act”) on the ground that the Plaintiff had obtained the authorization for the establishment of a cooperative by unlawful means in relation to the consent to the establishment of 28 persons, such as preparing a false investment payment certificate as if the person who did not pay the investment did not participate in the inaugural general meeting or extraordinary general meeting were present at the general meeting; and
(hereinafter referred to as the "disposition of this case"). 【No dispute exists in the ground for recognition, Gap's 1 through 6, Eul's 1 through 3, and 8 (including each number), and the purport of the whole pleadings.
2. The assertion and judgment
A. The Plaintiff’s assertion 1) With the following reasons, the authorization to establish the Plaintiff’s association is not granted by unlawful means.
(1) No list of persons present at the inaugural general meeting shall be deemed to have been prepared falsely.
Although the plaintiff 13 claims that it is 12 persons in writing, it means 13 persons in light of Gap evidence 8-1 and 2.
Since he/she has prepared and submitted a letter of delegation concerning the attendance of the inaugural general meeting, he/she is only nine persons among 22 persons in the actual list of participants.
In light of the number of persons who consent to the establishment listed in the list of participants (202), this is separate from the fact that there is an administrative clerical error in the preparation of the list of participants.