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(영문) 부산고등법원(창원) 2015.07.01 2015누10240 (1)
시정명령취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The grounds for the court's explanation concerning this case are as follows: (a) using "Attachment 6" in Part 11 and Part 16 of Part 3 of the judgment of the court of first instance as "Attachment 5"; (b) add the following at the end of Part 6 at the end of the nineth judgment as "relevant Acts and subordinate statutes added at the court of first instance" to "relevant Acts and subordinate statutes"; and (c) in addition to the part to be determined additionally in Paragraph 2 below, it is identical to the corresponding part of the reasons for the judgment of the court of first instance; and (d) cite it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

[Additional Part] Article 57 (2) of the Enforcement Decree of the Housing Act provides that "the first management rules after the sale of multi-family housing shall be determined by the method that the majority of the prospective occupants agree in writing", and Article 57 (3) provides that "in amending the management rules enacted under paragraph (2) of the above Article, Article 52 (1) of the Enforcement Decree of the same Act shall apply mutatis mutandis to the procedure and method thereof," and Article 52 (1) of the Enforcement Decree of the same Act provides that "the method that the majority of all occupants agree shall apply to the amendment of the management rules." Meanwhile, the management rules of the apartment in this case provide that the management rules of the apartment in this case shall be determined by the consent of the majority of all occupants at the time of the amendment of the management rules (see subparagraph 4 of the Guidelines for the Application

2. As seen earlier, the instant disposition is deemed to have no basis for the disposition, but to examine whether the instant disposition was a deviation or abuse of discretionary power due to a assumptive judgment.

Article 91 of the Housing Act provides that the head of a local government may order the suspension of construction, restoration to the original state, or other necessary measures when the council of occupants' representatives of multi-family housing violates an order or disposition under the Housing Act or the Housing Act.

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