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Reasons
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(영문) 서울고등법원 2016.06.30 2015누71305
조합설립인가무효확인 등
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1. The plaintiff's appeal is dismissed.

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

Reasons

1. The reasoning of the judgment of the court of first instance, citing this case, is as follows, except for a change of section 9, section 17, and section 10, section 9, section 17, and section 4, of the judgment of the court of first instance to section 9, section 8 (2) of the Administrative Litigation Act, and Article 420 of the Civil Procedure Act, are cited as it is

(A) Article 28(1)5 of the former Enforcement Decree of the Urban Improvement Act (amended by Presidential Decree No. 21171, Dec. 17, 2008; Presidential Decree No. 21175, Dec. 17, 2008; Presidential Decree No. 21135, Feb. 21, 2008; Presidential Decree No. 21155, Feb. 1, 2008; Presidential Decree No. 21135, Feb. 21, 2008; Presidential Decree No. 21135, Feb. 2, 201

(1) The consent of the owners of lands, etc. under Article 16 (1) through (3) of the Act shall be obtained by obtaining the consent of the written consent stating the following matters:

1. Outline of the design of the building to be built;

2. Rough amount of expenses required for the removal and new construction of the building; and

3. Matters concerning the apportionment of expenses under subparagraph 2 (including the criteria for sharing expenses, where a design outline under subparagraph 1 is changed);

4. Matters on the reversion of ownership after completion of the project;

5. If there is no change in the matters of the articles of association of a cooperative, such change shall not be excluded from the number of consenters for authorization for the establishment of the association.

According to the overall purport of Gap's evidence Nos. 4, 6, 5-1 through 11, 10-1 through 4, 10-1 through 3-5, and 1 through 5 of Eul's evidence Nos. 3, the committee of promotion of this case stated in the written consent for establishing an association at the time of applying for authorization for establishing an association to the defendant.

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