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(영문) 서울고등법원 2014.08.19 2014누474

조합설립인가처분무효확인

Text

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.

Reasons

1. The reasons why the court should explain this part of the judgment of the court of first instance are referred to in Article 2, which is the part of the judgment of the court of first instance concerning the collection of blank consent from the court of first instance.

(4)(b) Any other than the following shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, as it is stated in the reasoning of the judgment of the first instance.

2. The part to be mard;

D. (4) The judgment of the court below is that when the committee for promotion of redevelopment projects under the Act on the Improvement of Urban Areas and Dwelling Conditions intends to establish an association with respect to (b) defects in the consent form, the consent shall be obtained from not less than 3/4 of the owners of the land, etc. (Article 16(1) of the Act on the Improvement of Urban Areas and Dwelling Conditions). The consent shall be obtained by affixing a seal imprint on the consent form stating the statutory matters and attaching a certificate of the seal impression (Articles 26(1) and 28(4) of the Enforcement Decree of the Act on the Improvement of Urban Areas and Dwelling Conditions). The administrative agency, upon receipt of an application for authorization for establishment of redevelopment association, shall examine whether the consent form includes all the statutory matters of each subparagraph of Article 26(1) of the Enforcement Decree of the Act on the Improvement of Urban Areas and Dwelling Conditions, and (2) as to the authenticity of the consent form, it shall be reviewed based on whether the seal imprint affixed on the consent form and the certificate of the seal imprint are identical.

However, at the time when the association establishment promotion committee collects written consent from the owners of lands and buildings, the written consent was the blank letter which is the blank letter, such as the design outline of the new building, the estimated cost of removal of the building and the estimated cost of new construction.

Even if, prior to filing an application for authorization to establish redevelopment cooperatives with an administrative agency, the unsatisfy portion has been supplemented by legitimate authority, this is equivalent.