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(영문) 광주고등법원 2020.11.13 2020누11120
토지구획정리사업시행변경인가취소
Text

The appeal by the plaintiff (appointed party) is dismissed.

Expenses for appeal shall be borne by the plaintiff (appointed party).

purport, purport, and.

Reasons

1. Details of the disposition;

A. B The land subdivision rearrangement association (hereinafter “instant association”) is a partnership that implements a land rearrangement project under the Land Rearrangement and Rearrangement Projects Act by designating the whole land unit C as the project implementation district in Gwangjinyang-si, and the Plaintiff (appointed party; hereinafter “Plaintiff”) and the designated party D are the members of the instant association.

B. Around April 2019, the instant association filed an application with the Defendant for authorization to amend the articles of association of the instant association via the Mine Reclamation Market, and the Defendant approved the amendment of the articles of association (Detailed Rules) on April 15, 2019.

(hereinafter referred to as “instant disposition.” The changes following the instant disposition are as indicated in the attached Form 2 “amended Rules of Enforcement.”

C. On June 12, 2019, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on the ground that there was no legal interest on January 7, 2020, and was unlawful.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 7, 8, and 12, the purport of the whole pleadings

2. The Plaintiff’s instant disposition should be revoked on the following grounds.

According to the relevant Acts and subordinate statutes, the amendment of the articles of association (detailed) was subject to the resolution of the general meeting, but the instant association was subject to the amendment of the articles of association only after the resolution of the board of representatives.

In addition, "Article 6 of the Regulations on the Calculation of Land Price and Land Price" with the contents of the standards for under-land in the above Articles of Incorporation exceeds the scope prescribed by the delegation law.

Nevertheless, the defendant approved the amendment of the articles of incorporation without properly examining the defects in the above contents and procedures of the amendment.

B. The articles of incorporation of the instant association was prepared in order to determine the detailed matters necessary for the execution of the said land readjustment project in accordance with the delegation of Article 13 of the articles of association of the instant association. The former Land Readjustment Project Act (amended by Act No. 6252, Jan. 28, 200; hereinafter the same shall apply) and the Enforcement Decree of the same Act shall be the Presidential Decree of the same Act.

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