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(영문) 서울행정법원 2020.06.23 2019구합80206
조합설립변경인가 거부처분취소
Text

1. The defendant's rejection disposition against the plaintiff on June 18, 2019 regarding the change of the establishment of an association is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff was registered on April 5, 2007 as a partnership of maintenance and improvement projects established for a redevelopment project whose project implementation district covers 13,435.6m2 of the Dobong-gu Seoul Metropolitan Government KRW 13,435m2.

B. 1) The Plaintiff’s election commission’s election commission, including the president of a cooperative, etc., shall hold an ordinary general meeting on April 28, 2019 (hereinafter “instant general meeting”) where an officer (the president of a cooperative, five directors, and one auditor) upon expiration of his/her term of office is expected to hold an election.

B) On April 11, 2019, prior to the holding of the electoral registry, public announcement was made and confirmation was made on the same number of candidates as the number of elected executives, and C, which is the existing head of the partnership, became the candidate for the head of the Plaintiff’s partnership. 2) At the instant assembly, the resolution was made on the election of partnership officers, the amendment of the project implementation plan (the proposal), the amendment of the articles of association, etc., and C, among 74 union members who exercise voting rights in writing or directly attended, was re-appointed as the head of the partnership with the consent of

3) The ballot paper in the way of mail method used in the election of the above partnership officers was prepared in the form of a written resolution with the name of the association members written with the unmanned or writing signature at the bottom. C. The Plaintiff, pursuant to the resolution of the general assembly of this case, filed a report on the change of the association establishment with the Defendant, who is the competent authority, in accordance with the plan of the general assembly of this case. On June 18, 2019, the Defendant rejected the report on the change of the appointment of association president on the ground of violating the secret voting method for vote by mail (hereinafter “instant disposition”).

D. The Plaintiff’s articles of association and election management regulations (hereinafter “instant articles of association”).

) and Election Management Regulations (hereinafter referred to as “instant Election Management Regulations”).

(1) The provisions relating to the instant case are as follows. The articles of incorporation of the Association shall be as follows:

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