관리처분계획일부취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasons why the court accepted the judgment of the court of first instance for this case are the same as the reasoning of the judgment of the court of first instance, except where the defendant added the judgment as set forth in paragraph (2) above to the corresponding part as to the contents asserted in the court of first instance. Thus, it is acceptable to accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article
2. Additional matters to be determined;
A. The Defendant’s assertion 1) Article 7(2)4 of the Defendant’s articles of association provides that the notification becomes effective when a registered mail is sent. This point is that the Defendant did not send a general mail to the Plaintiff, but provided that the Plaintiff’s agent contact with D, who is his/her father, in a more direct and reliable manner, to directly receive the application for parcelling-out in the partnership office. As such, the Defendant notified the application for parcelling-out to the Plaintiff more faithfully than the purport stipulated in the articles of association, there is no error in the notification procedure. 2) Since the Defendant notified the Defendant of the application for parcelling-out in a more faithful manner than the purport stipulated in the articles of association, the Plaintiff granted the right of representation to D as to the management of partnership affairs.
After that, the right of representation has expired due to the occurrence of a dispute between the Plaintiff and D, but the Plaintiff did not notify the Defendant of the withdrawal of the granting of the right of representation.
Therefore, as long as the defendant did not know that D's power of representation has expired and was negligent in not knowing it, it shall be deemed that there was a legitimate notification of application for parcelling-out to the plaintiff in accordance with the legal principles of expression agency after termination of power as long as D delivers an applicant for parcelling-out to D.
B. According to Article 7(2)1 and 4 of the Defendant’s articles of association, when a union notifies a union member of matters relating to the rights and obligations of a union member, the judgment on the first argument of the first one is examined.