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(영문) 광주고등법원 2019.07.25 2018누5368
영업정지처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, and this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except where part of the judgment of first instance is cited or added as follows.

The attached statutes of the first instance judgment shall be added to the "attached statutes" of this judgment.

3 Under the 3rd below, the term “F” shall be read as “F (F)”.

4 Under 4, the phrase “each description of evidence Nos. 5, 7 through 9” shall be read as “each description of evidence Nos. 5, 7 through 9, and No. 2 and 3, and testimony of witness F of this Court”.

5. The following shall be added to the nine-way line:

In light of the fact that Article 43(8)4 of the former Housing Act and Article 52(3) of the former Enforcement Decree of the Housing Act provide that a council of occupants' representatives shall report to the head of the Gu, etc. within 30 days from the date the council of occupants' representatives makes a decision to change management methods of collective housing, the management methods of the instant apartment cannot be deemed to have been changed by the method of autonomous management by the council of occupants' representatives until December 31, 2015. Furthermore, the entrusted management contract concluded between the council of occupants' representatives and the Plaintiff shall be deemed to have been terminated on December 31, 2015. Considering that there is no objective data to deem that the above entrusted management contract was invalidated by the termination thereof before December 31, 2015, the above entrusted management contract shall be deemed to have been effective until December 31, 2015, and the Plaintiff bears an obligation not to use the long-term repair appropriations pursuant to Article 43-4(2) of the former Housing Act.

“B) F had an interview with the Plaintiff’s representative director prior to the appointment of the managing director of the instant apartment, and the Plaintiff was appointed by F as the said managing director, and thereafter to F to the housing manager affiliated with the Plaintiff.

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