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(영문) 대법원 2016.12.27 2013두5210
조합설립인가처분등무효확인
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the judgment of the court below and the judgment of the court of first instance cited by the court below as to the first ground of appeal, the court below determined that the second ground of appeal on the ground that the second ground of appeal satisfies the requirements as a new disposition for approving the establishment of the association and the second ground of appeal is effective, and that the first disposition for approving the establishment of the association of this case or the first disposition for approving the establishment of the association was implicitly cancelled or withdrawn, and thus, the second disposition for approving the establishment of the association of

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable. In so doing, it did not err by misapprehending the legal principles as to the interest of a lawsuit, or by failing to exhaust all necessary deliberations, etc.

2. According to the reasoning of the judgment of the court below and the judgment of the court of first instance cited in the ground of appeal No. 2, the court below determined that there was no legal interest in seeking nullification of the instant project implementation plan, the amended project implementation plan, the management and disposal plan of this case, and the amended management and disposal plan of this case.

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable. In so doing, it did not err by misapprehending the legal principles as to the interest of a lawsuit, or by failing to exhaust all necessary deliberations, etc.

3. As to the grounds of appeal Nos. 3 and 4, the instant disposition approving the establishment of the association, the first disposition approving the establishment of the association, the instant project implementation plan, the changed project implementation plan, the instant management and disposal plan, and the amended management and disposal plan are examined as to whether the original decision is proper.

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