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(영문) 서울고등법원 2017.01.24 2015누52090
사업계획변경승인처분취소, 무효확인
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 reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the judgment of the court of first instance as stated in paragraph (2). Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Parts in height:

A. Once No. 7 of the judgment of the first instance court, No. 15 through No. 8, No. 1, 2), the contents of the instant disposition that changed the operator of the instant golf course from C to B, which is the important property of the Plaintiff’s assertion of the Plaintiff from C, are significantly affected the status of the Plaintiff, etc. who is the shareholder of the instant golf course. While C is dissatisfied with the instant disposition, the administrator of C, who filed the instant lawsuit, is merely a person who engages in an act contrary to the interest of C, and is not subject to the lawsuit for occupational breach of trust against the Plaintiff and other shareholders of C in the future, and it is difficult to expect C, the trustee of the first instance, to faithfully perform the instant lawsuit. Accordingly, the Plaintiff, who is the shareholder, is entitled to have the right to seek confirmation or revocation of the instant disposition on behalf of the Plaintiff. (B) In light of the following circumstances, the Plaintiff cannot be deemed to have a direct and indirect interest in the instant disposition or to have a legal interest in the instant disposition.

The defendant's main defense is justified.

① The instant disposition is merely a content that changes the operating entity from C to B on the business plan of the instant golf course, and is due to the instant disposition.

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