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(영문) 서울고등법원 2005. 7. 19. 선고 2004누19059 판결
[임원취임승인취소처분등취소][미간행]
Plaintiff and appellant

Plaintiff 1 and eight others (Attorney Kim Jong-il, Counsel for the plaintiff-appellant)

Defendant, Appellant

Minister of Education and Human Resources Development (Attorney Kim Jong-soo, Counsel for defendant-appellant)

Conclusion of Pleadings

July 1, 2005

The first instance judgment

Seoul Administrative Court Decision 2004Guhap5751 decided August 26, 2004

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The appeal costs are assessed against the plaintiffs.

Purport of claim and appeal

The decision of the first instance court shall be revoked. The defendant's decision of February 4, 2004 rendered against the non-party 1 school juristic person the plaintiff 1, 2, and 3's application for approval of taking office, and the disposition of cancellation of taking office against the plaintiff 4, 5, 6, 7, 8, and 9 on February 5, 2004 and the disposition of appointment of non-party 1, 3, 4, 5, 6, 7, 8 as temporary directors of the non-party 1 juristic person shall be revoked, respectively.

Reasons

1. The reasons why a party member states on the instant case are identical to the reasons for the judgment of the court of first instance, and thus, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. If so, the judgment of the first instance is legitimate, and the plaintiffs' appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Jin-jin (Presiding Judge)

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