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(영문) 서울고등법원 2014.10.28 2013누28574
조합설립인가처분무효확인
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: Article 3-B of the judgment of the court of first instance concerning defects related to the preparation of a written consent among the judgment of the court of first instance concerning the legitimacy of the disposition of this case.

section 3-C, which adds the following contents and determines the defects related to the calculation of the consent rate:

Inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The addition;

B. (1) The instant written consent, which was additionally asserted in the Plaintiffs’ trial, was written by a third party, who is not the owner of land, etc., to state the content of the instant written consent, and was written by the participant at will at the time of organizing the instant promotion committee, by arbitrarily attaching the certificate of personal seal impression and identification card already issued by the owner of land, etc.

(2) The written evidence Nos. 22 and 26 through 42 are insufficient to acknowledge the fact that a person who is not the owner of the land, etc. voluntarily prepares the instant written consent without the consent of the owner of the land, etc., and voluntarily attached the certificate of personal seal impression and identification card submitted to the instant promotion committee. The Plaintiff’s assertion is without merit, since there is no evidence to acknowledge

(B) The portion of the written consent of this case, which was written voluntarily by the owner of land, etc. without the consent of the owner of the land, etc., is insufficient to recognize that the written consent of this case was written voluntarily without the consent of the owner of the land, etc.

C. The defect in calculating the consent rate (1) The Intervenor failed to meet the consent rate necessary for the establishment of the association on the grounds as delineated below, and the instant disposition is null and void because the defect is serious and clear.

(A) Authorization to establish an association.

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