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(영문) 서울고등법원 2019.09.27 2019누37662
조합설립인가무효확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. The reasoning of the judgment by the court on this part is as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for the following parts of the judgment, and thus, this part of the judgment is cited.

[Supplementary part] The two pages of the judgment of the court of first instance are as follows. The two "one won" in the judgment of the court of first instance is as "one won."

In the first instance judgment, 3 pages 3 of the first instance judgment is regarded as "in-house".

On the 3th page of the judgment of the first instance, the “railroad site of 521 square meters” shall be deemed as “railroad site (railroad facilities and buffer green areas) 521 square meters.”

Article 2 (2) [Attachment 2] and [Attachment 10] of the Ordinance on the Name and Jurisdiction of the Eup/Myeon/Dong and Ri (wholly amended by Ordinance No. 1487 of the Namyang-si, Gyeonggi-do, October 30, 2017) shall be incorporated into a Pdong from Edong in accordance with Article 2 (2) and [Attachment 2] and [Attachment 10] of the Ordinance on the Name and Jurisdiction of the Namyang-si, Namyang-si, Namyang-si, and all land on six parcels, including 479 square meters in Jan-si, Yangyang-si, Nam-si.”

On the fourth and third sides of the first instance judgment, the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13508, Sep. 1, 2015; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) "(amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).

Part 4 of the judgment of the first instance shall be deleted from 10 to 12.

The 4th to 14th of the first instance judgment shall be as follows.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 12, 14, 16, 17, Eul evidence Nos. 1 through 7, 9, 10 through 12, 21 through 24, and 27 (including each number), and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 of this case’s written consent is unlawful by omitting legal descriptions in itself. As such, the authorization of this case is based on a serious defect and thus null and void, the former Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (hereinafter “former Act”).

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