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(영문) 대전지방법원 2021.01.13 2019구합1274
재개발추진위원장해임처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On August 206, the Promotion Committee for the Establishment of Partnership for Housing Redevelopment and Improvement Projects (hereinafter “the Committee”) was established with the approval of the Defendant for the purpose of establishing an association to implement housing redevelopment projects at the Daejeon Dong-gu, Daejeon, Daejeon. The Plaintiff is a person selected as the Chairperson at the Residents’ General Meeting held by the Committee on January 26, 2019.

B. On July 31, 2019, the instant commission convened a meeting of the promotion committee and resolved to dismiss the Plaintiff’s chairperson pursuant to Article 18(1) and (4) of the Operational Rules of the instant commission.

(c)

On August 7, 2019, the instant commission filed a report with the Defendant on the dismissal of the chairperson of the instant commission and appointment by proxy of the Plaintiff (hereinafter referred to as “instant report”), and the Defendant accepted the instant report on August 8, 2019 (hereinafter referred to as “the instant acceptance”). [Grounds for recognition] The written evidence Nos. 5 and 6, and the purport of the entire pleadings.

2. The plaintiff's assertion

A. The Defendant asserted procedural illegality, which is an influent administrative disposition, violated Article 21 of the Administrative Procedure Act because it did not give prior notice to the Plaintiff and did not give an opportunity to present opinions.

B. Although the Plaintiff, as the chairman of the instant commission, did not neglect or neglect his duties at the time of performing his duties, the Defendant accepted the instant case without sufficiently verifying the fact.

3. Determination on the defense prior to the merits

A. The Defendant’s dismissal of the Plaintiff’s assertion is effective in accordance with the resolution of the instant commission. This case’s acceptance is limited to the notification of the concept that the Defendant received a report from the instant commission on the grounds that the Defendant’s appointment of the chairman of the promotion committee and acting as a proxy, and does not impose an obligation on the Plaintiff or limit the rights, and there is no disposition that is subject to appeal.

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