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(영문) 서울고등법원 2015.01.21 2014누55009
주택재개발조합설립추진위원회승인반려처분무효확인
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, and the judgment on the defendant's assertion is added by the following, and thus, it is identical to the ground of the judgment of the court of first instance. Thus, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 4

The “A(A) Housing Redevelopment Improvement Promotion Committee (hereinafter referred to as the “A(A) Promotion Committee”)” shall be deemed to be the “Supplementary Intervenor” (hereinafter referred to as the “Supplementary Intervenor”), and each “A(A) Promotion Committee” in the fourth part shall be deemed to be the “Supplementary Intervenor”.

6th to 4th to 6th to 3th to 4th, the term "recognized" is as follows:

【On the other hand, on July 15, 2013, the Plaintiff brought a lawsuit against the Defendant for the revocation of the above approval disposition against the Intervenor as the District Court 2013Guhap2100, and thereafter, the Defendant’s appeal was dismissed on December 19, 2014, and the Defendant’s appeal is currently pending in the final appeal on the other hand (Article 14, 16 of the Evidence, the purport of the entire pleadings)] 9th 8th 9, “No. 3-1 of the evidence No. 3” is deemed to be “No. 3-2 of the evidence No. 3,” and “No. 15” to be “No. 5,” respectively.

The term “AJ other” shall be read as “AS other”, and the term “1,677 persons” which shall be reduced to 12 9th and shall be read as “1,67 persons”, respectively.

2. Determination on this safety defense

A. The summary of the Defendant and the Intervenor’s assertion 1) As long as the Plaintiff received a full return of the written consent, etc. attached at the time of the instant application and reuses them as attached documents at the time of application for approval on April 7, 2011, the instant application does not continue to exist effectively. 2) Since AT, which the Plaintiff entered as the Chairperson at the time of the instant application, loses membership, the Plaintiff is required to newly elect the Chairperson and submit an application for establishment again, and unless the Chairperson is elected, the Plaintiff cannot obtain the approval of establishment even if he/she

(b) judgment;

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