beta
Text
1. The judgment of the court of first instance is modified as follows.
(1) The non-profit corporation that the Defendant rendered to the Plaintiff as of December 30, 2014.
Reasons
1. The summary of the case and the facts premised on the case
A. The summary of the case is that, after obtaining permission for establishment of a non-profit incorporated association based on the Civil Act, the Plaintiff’s revocation of approval for recycling business based on the Defendant, the competent administrative agency, and the revocation of approval for establishment of a non-profit incorporated association based on the Civil Act, based on Article 27(4) of the former Act on the Promotion of Saving and Recycling of Resources (amended by Act No. 13036, Jan. 2015; hereinafter “Resources Recycling Act”) did not meet the requirements for revocation of approval for recycling business and the revocation of approval for establishment of a non-profit incorporated association based on Article 38 of the Civil Act. The Plaintiff’s revocation of approval and the revocation of approval for establishment of a non-profit incorporated association based on the Defendant’s recycling business mutual aid association did not meet the requirements for revocation under Article 28-5 of the Recycling Business Act and Article 38 of the Civil Act, by asserting that it deviates from the scope of its discretion or
The judgment of the court of first instance dismissed the plaintiff's claim on the ground that the defendant's revocation of authorization and the revocation of the establishment of a corporation are the grounds for the disposition, even if not, the grounds for the disposition are recognized by the reservation of the right to withdrawal and the revocation right due to significant public interests, and it does not constitute a deviation or abuse of discretionary power, and the plaintiff appealed against this.
[Related Acts and subordinate statutes] Attached Form 1
나. 전제된 사실관계 【증거】갑1에서 7, 을2, 3, 4, 8, 10, 11, 12, 37, 38과 변론 전체의 취지 ⑴ 당사자 ㈎ 원고는 형광등 재활용의무생산자(형광등제조수입업자)의 재활용의무를 대행함으로써 폐형광등의 회수, 재활용 촉진을 통한 자원의 절약과 환경의 보전에 기여함을 목적으로 하는 비영리사단법인으로서 자원재활용법 27조...