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(영문) 부산고등법원(창원) 2017.05.24 2016누11479

토지수용재결처분취소등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following parts, and thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The plaintiff asserts that the part added is unlawful for K and L, who are not an attorney-at-law, to act on behalf of the defendant in the first instance trial.

Article 5(1) of the Act on Litigation to which the State is a Party provides that the head of the administrative agency may appoint the staff of the administrative agency or the staff of the superior administrative agency to perform the administrative litigation, and Article 7 of the Act provides that the person designated as such may perform all the judicial acts except the appointment of the representative with respect to the lawsuit.

According to the letter of designation of the litigation performer dated May 27, 2016 submitted by the court of first instance, it is recognized that the Gyeongnam-do governor, the defendant's chairperson of the court of first instance, has designated K and L as the defendant's litigation performer, Gyeong-do employee of the Gyeongnam-do, the defendant's superior administrative agency. K and L are allowed to conduct all judicial acts with respect to the lawsuit of first instance, so the plaintiff'

The plaintiff's assertion is merely an independent opinion and is therefore groundless.

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.