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(영문) 서울고등법원 2018.10.17 2017누90218
법인설립허가취소처분취소
Text

1. The defendant's appeal is dismissed.

2. The defendant bears the total costs of the lawsuit after the filing of the appeal.

purport, purport, and.

Reasons

1. The reasoning for this case by the court of first instance is as stated in the reasoning of the judgment of the first instance except for the dismissal or addition of a part of the judgment of the first instance as set forth in the following paragraph (2). Thus, this is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

(hereinafter referred to as "B" subsequent to "B" of Part 4, which is used in 2.09 or added by the court of first instance, the term "the plaintiff unilaterally establishes a juristic person without permission from a religious organization B in violation of the paper rules of the religious organization B," and add "the plaintiff has unilaterally established a juristic person against the paper rules of the religious organization B,"

There is no "non-existence" in Part 9 of the 4th page, and the plaintiff's members are "no one who is an incorporated association because they are not recognized as the faith of a religious organization," and the plaintiff's members cannot constitute an incorporated association because one member who is qualified as a member prescribed by the articles of incorporation is absent."

Part 4. The following shall be added to the 11st page:

“3) Upon obtaining permission for incorporation by deceit or other unlawful means, the Plaintiff asserted that it is an organization unrelated to B religious organizations and received permission for incorporation from the Defendant. In fact, after establishing a juristic person in the Republic of Korea, the Plaintiff donated it to the B religious organizations in Japan to have the members of Japan B religious organizations continue to exist as the juristic person in the Republic of Korea and to have them permanently left in the Republic of Korea. This also constitutes a violation of the conditions for permission for incorporation of the Plaintiff juristic person (the time when permission for incorporation was obtained by deception or

The following is added under the 12th page of the 5th page of the “Isia to the effect that the purpose or existence of a corporation per se is detrimental to the public interest.” The public interest is compared to the interests of the corporation or its members, which the corporation or its members gain due to the purpose or existence of the corporation, and which the law and order should pursue, protect and promote, and which conflict with each other.

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