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(영문) 서울고등법원 2018.07.11 2018누41572
조합설립인가처분취소
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal, including the part resulting from the supplementary participation, are all the plaintiffs.

Reasons

The reasons alleged by the plaintiffs in the first instance court are not different from the contents alleged by the plaintiffs in the first instance court, and even if the evidence submitted in the first instance court is re-examined together with the allegations by the plaintiffs, the first instance court's judgment dismissing the plaintiffs' claims is justified.

Therefore, the reasoning of this court is that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the partial revision as set forth in paragraph (2) below and the addition of the judgment on the plaintiffs' claims as set forth in paragraph (3) below. Thus, this part to be used is cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. On the 6th sentence of the judgment of the court of first instance, the "Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas") is as follows."

The Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas (hereinafter referred to as the "Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas") shall be amended by the first instance judgment.

In the 7th sentence of the first instance judgment, "Evidence 1, 2, 1 to 3" of the 16th sentence is "Evidence 1, 2, 4, 1 to 3, 1 to 5 Eul, 5."

Part 8 through 11 of the first instance judgment states, “the consent revocation and method for the establishment of an association,” “the outline of the design of a building to be constructed, the improvement project cost, the allocation standards for rearrangement project cost, matters concerning ownership ownership after the completion of the project, and the articles of association of the association” as “the guidance materials for the consent to the establishment of the association” including “the articles of association, the outline of the project implementation plan, etc.,” “the consent revocation and method for the establishment of the association,” “the advice related to the holding of the inaugural general meeting.”

The "Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents" in the 23th sentence of the first instance judgment shall be prescribed by Presidential Decree on February 9, 2018.

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