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(영문) 서울고등법원 2020.08.21 2018누69556
조합설립인가취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is due to the participation.

Reasons

1. Details of the disposition;

2. The plaintiff's assertion;

3. The reasons to be stated in this part of the relevant laws and regulations are as stated in the reasoning of the judgment of the court of first instance except for the following parts, and thus, this part shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Part 3 of the judgment of the first instance court, the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) shall be deemed as the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”), and each of the “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”, as the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents

4. Determination on the legitimacy of the instant disposition

A. The defect in the resolution of the inaugural general meeting is the same as the reasoning of the judgment of the court of the first instance, and thus, this is cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

B. Whether the ratio of consent for the establishment of an intervenor association is unlawful is calculated 1) whether the representative owner's written consent was defective, 2) whether the written consent was voluntarily prepared, 3) whether the written consent was signed, obstructed, and copy of identification certificate was omitted, etc., are as stated in this part of the judgment of the court of first instance, except for the following parts, 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. Accordingly, this is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, 12 and 13 of the judgment of the court of first instance (amended by Act No. 14567 of Feb. 8, 2017; hereinafter the same shall apply) as "former Urban Improvement Act", 8) as "former Urban Improvement Act", 15 of the 8th and 100 square meters as "former Urban Improvement Act", 201 square meters in the entire area of housing complex.

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