logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.02.10 2016누52639
조합설립인가무효확인
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 judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the dismissal of Chapters 4 through 7 among the grounds of the judgment of the court of first instance as follows. Thus, it shall be accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

“A) Whether the instant promotion committee’s consent consent is valid (1) the design outline of a building, the removal of a building, and the estimated amount of expenses incurred in constructing new structures in an association establishment consent form; the matters pertaining to the ownership after completion of the project, which form the basis for determining whether the owner of a plot of land, etc. consents, along with the matters pertaining to the ownership after completion of the project; and the essential contents of the consent form. As such, the consent form cannot be acknowledged as valid when supplementation was made without being delegated the authority to supplement the details in an omitted or omitted state (see Supreme Court Decision 2011Du21218, Dec. 13, 2012). Meanwhile, a private document is presumed to be genuine at the time of signature or seal affixed by the owner of the land, etc. or agent’s signature or seal affixed to the private document. In other words, where the person who prepared the private document recognizes that the signature, seal, or seal affixed to the private document was established by himself/herself, barring any special circumstance to the contrary, it is presumed that the entire signature or seal attached to the entire document.

arrow