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Reasons
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(영문) 서울고등법원 2017.03.31 2016누64694
조합설립인가거부처분취소
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition and related statutes;

A. On February 201, the representative B of the promoters of the Plaintiff Union filed an application with the Defendant for authorization to establish an association with the following content, and the Defendant approved the establishment of the Plaintiff Union on March 15, 2011.

The plaintiff completed the establishment registration on March 18, 201.

The name of the association and the number of promoters at the seat of the representative director of the association and the number of promoters at the office of the representative director of the promoters shall be 410 persons, 31,439,000 won and 210 persons who participate in the inaugural

B. On July 15, 2015, the Defendant falsely prepared a false certificate of investment payment as if members D, J, E, F, and G were not paid investments when establishing an association in 2011; ② falsely prepared a list of participants as if members D, E, F, and G were present without attending the inaugural general meeting, and submitted such false documents to the Plaintiff by unlawful means, such as submitting an application for authorization to establish the association as required documents; and accordingly, notified the Plaintiff of revocation of authorization to establish the association pursuant to Article 82(1)1 of the Consumer Cooperatives Act (hereinafter “Consumer Cooperatives Act”).

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s No. 13, 14, and 24, Gap evidence No. 6 and 14, and the purport of the whole pleadings as a whole.

C. The statutes related to the disposition of this case are as shown in the attached Form.

2. The plaintiff's assertion

A. 1) The non-existence of the grounds for disposition was normally paid to the persons consenting to the establishment. (A) D invested KRW 10,000 on December 11, 201, which was the date of the establishment of the partnership, and thereafter additionally invested KRW 4,00,000 on January 14, 201, and KRW 1,000,000 on a direct payment to the Plaintiff’s representative, and thereafter invested KRW 3,000,000 on a loan from B.

B. The J has invested 10,000 won on December 11, 2010, the date of establishment of the partnership.

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