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(영문) 서울고등법원 2016.06.29 2015누69265
조합설립인가취소처분 취소
Text

1. The defendant's appeal is dismissed.

2. Of the costs of lawsuit after filing an appeal, the Defendant.

Reasons

1. The court's explanation concerning this part of the disposition is the same as the corresponding part of the judgment of the court of first instance (Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. Thus, the court's explanation concerning this part is cited as it is in accordance with Article 8 (2)

(hereinafter the meaning of the terms used in this case is the same as that of the first instance judgment). 2. Whether the disposition of this case is lawful or not

A. The reasoning for the court’s explanation on this part is as follows: (a) the corresponding part of the judgment of the court of first instance (from No. 3 to No. 16) is the same with the corresponding part of the judgment of the court of first instance (from No. 3 to No. 16), except for the addition of “P” to “G” under Section 5 of the judgment of the court of first instance, and therefore, (b) this part is cited in accordance

B. The reasoning for the court’s explanation on this part is the same as the corresponding part of the judgment of the court of first instance (section 7 through No. 9). Thus, this part is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

C. Articles 16-2(1)2 and 17(1) of the Act on Urban Improvement provide that when applying for dissolution of an association with the consent of a majority of the owners of a plot of land, etc., the consent to dissolution shall be “the method of written consent to place the obstacle to the owners of land, etc. and sign the written consent in writing.” This is to prevent disputes between related persons who may arise regarding the consent by clarifying the consent of the owners of a plot of land, etc., and further to prevent an administrative agency from taking an unnecessary administrative power to confirm whether the consent is given by examining whether the consent requirement is met only with the consent submitted at the time of filing an application for dissolution

Therefore, an administrative agency that received an application for dissolution of an association should examine whether the owner of a plot of land or plot of land or plot of land or plot of land has signed and sealed it.

And among the above criteria.

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