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(영문) 대구지방법원 2015.08.25 2014구합2074
조합설립인가취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is an association established for the purpose of implementing an urban environment improvement project in the area of 53,417.6 square meters in Daegu-gu, Daegu-gu, and obtained authorization to establish an association from the Defendant on December 10, 208.

B. On June 5, 2014, the Plaintiff’s member Party B (hereinafter “Defendant Intervenor Intervenor”) filed an application for dissolution of the partnership (hereinafter “instant application for dissolution”) with the Defendant on the ground that “The 213 owners, such as the land, etc., who agreed to the establishment of the partnership, consented to the dissolution of the partnership” (hereinafter “instant application for dissolution”).

Therefore, the defendant decided that the remaining 112 written consent to dissolution, excluding one of the written consent to dissolution submitted, was valid, and the majority of the persons consenting to the establishment of the association agreed to be dissolved on June 11, 2014, notified the defendant joining the defendant and the plaintiff of the revocation of the authorization to establish the association, and announced it in the public bulletin on

C. Next, the defendant Na.

On June 13, 2014, the notice of revocation of the authorization to establish the association was found to lack of hearing procedures by the head of the Plaintiff’s association, and notified the Defendant’s Intervenor and the Plaintiff of revocation of the authorization to establish the association at the same time, and notified the public bulletin. On the same day, the Plaintiff notified the Plaintiff of “to submit the opinion of the head of the Plaintiff’s association as to the application for dissolution by June 27, 2014,” and “to process it in accordance with relevant provisions in the absence of a reply

As the Defendant did not submit the Plaintiff’s opinion by June 27, 2014, the Defendant did not notify the Plaintiff of the revocation of the authorization to establish the association pursuant to Article 16-2(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the ground that at least a majority of the union members who agreed to establish the association were submitted a written consent for dissolution on July 2, 2014.

A. A. A. A. et al. (including each number; hereinafter the same shall apply) was made and announced in the official bulletin on the same day. 【No dispute exists, Gap’s evidence No. 1, and Eul’s evidence No. 1 to 3

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