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(영문) 서울행정법원 2017.03.31 2017구합862

불합격처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 16, 2016, the Plaintiff applied for the first qualifying examination for assistant housing managers No. 19 in 2016 (hereinafter “instant examination”).

B. The examination of this case consists of three subjects (civil law, accounting principles, and outlines of multi-family housing facilities), 40 questions per subject, 5 multiple-choice questions (choices), and allocated points per subject are 2.5 points.

The defendant, based on the full score of 100 points per subject, shall be determined as a successful applicant who has obtained at least 40 points in each subject and at least an average of 60 points in all subjects.

C. The issue of No. A-type 29 (B-type 27) of the Civil Code among the examinations of this case is as follows and below.

(3) The Plaintiff selected the right to demand purchase of the surface property on the ground that the superficies was extinguished by the claim for the termination of superficies on the ground of the delay, and the person holding superficies cannot exercise the right to demand purchase of the ground property on the ground, except in extenuating circumstances. (5) The land owner cannot remove the building against the transferee of the building, unless there are special circumstances. (d) The Plaintiff acquired the total point of 177.5 (Civil Code, 65 points, accounting principles, 52.5 points, 60 points, and 60 points in multi-family housing from the examination of this case, in the absence of an agreement on the rent of the agreed superficies.

On August 17, 2016, the Defendant: (a) obtained an average of 59.16 points (17.5 points in total) in the instant examination; and (b) obtained an passing score of 40 points in each subject and an average of 60 points in all subjects.

"For reasons, the examination of this case is conducted.

참조조문