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(영문) 광주고등법원 2018.07.19 2017누4702
추진위원회승인거부처분취소
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the defendant's addition of the following Paragraph 2 with regard to the newly asserted by this court, and therefore, it is identical to the part concerning the reasoning of the judgment of the court of first instance. Thus, it shall be cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the

2. The addition;

A. The Plaintiff violated the notification and publication procedure related to candidates, including the promotion commissioner, etc.) under Article 20(5) of the Operational Rule of the instant case even though the Defendant and the Intervenor notified the candidates by registered mail prior to holding the general meeting of the residents of this case.

B) When publicly announcing the recruitment of candidates, the method of notifying the owners of land, etc. of the disclosure of the rights and obligations to the owners of land, etc. under Article 9 of the instant operational regulations shall be applied mutatis mutandis. Accordingly, the Plaintiff shall notify the period of registration of candidates, etc. by registered mail to the owners of land, etc., and where registered mail is returned for reasons such as unknown address or rejection of reception, etc., the Plaintiff shall make it possible for the owners of land, etc. to fully understand the details of the notification, such as the publication of recruitment of candidates by posting it on the website for 5 days only, and making it available to the owners of land, etc. of land, etc. to be sufficiently informed. Nevertheless, the Plaintiff violated Article 9 of the instant operational regulations by posting the publication of recruitment of candidates on the website for 38 days, which was submitted by the representative of the proposers of the instant written consent submitted by the said owners of land, etc., and thus, the said written consent is null and void, and it cannot be included in calculating the quorum for the opening of the general meeting of residents.

3 Interpretation of the Ministry of Land, Infrastructure and Transport's period of submission.

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