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(영문) 부산고등법원 2018.01.17 2017누22497
조합설립인가취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the costs of supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The reason why the court of first instance, which cited the case, is to use part of the judgment of the court of first instance as described in paragraph (2) below, is to add the judgment as to the contents asserted by the plaintiff in the court of first instance to the corresponding part of paragraph (3) above. In addition to changing the attached form of the judgment of the court of first instance to the annexed form of the judgment of the court of first instance, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is to accept it as it is in accordance with Article 8(

2. The part of the judgment of the court of first instance, which was written after the completion, of the part "shall be calculated in accordance with Article 17 (2) of the Urban Improvement Act" from the 6th 21st to the 7th 3th 7th . shall be written as follows.

According to Article 17(2) of the Act and Article 28(1)1(a) of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, in calculating the owners of land, etc. who consent to establish an association, one representative of the owners of land, etc. shall be calculated as the owner of land, etc., if the land or one building in one parcel belongs to the joint ownership of several persons. The part of the judgment of the first instance cannot be managed by the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions (see, e.g., Supreme Court Decision 2011Du5759, Nov. 14, 2013) is as follows.

The purpose of requesting the written consent of the owners of lands, etc. for the establishment of redevelopment cooperatives under the Urban Improvement Act and requiring the submission of the written consent to the competent administrative agency when applying for authorization to establish redevelopment cooperatives is to prevent disputes between the owners of lands, etc. who may arise regarding the consent by clarifying their consent in writing and allowing the administrative agency to examine whether the consent requirements are met only by the written consent submitted at the time of applying for authorization to establish redevelopment cooperatives, thereby preventing the unnecessary administrative power from being consumed to confirm the consent requirements.

Therefore, the administrative agency that received the application for authorization to establish redevelopment cooperatives.

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