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(영문) 수원지방법원 2019.07.25 2019구합164

인감증명보호처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On March 21, 2014, the Plaintiff’s mother C (D) made an application to prevent the Plaintiff from filing an application for issuance of a certificate of seal imprint (hereinafter “instant application”) by visiting the Ansan-dong Administrative Welfare Center (hereinafter “the Center”). A public official E working for the said Administrative Welfare Center from issuing a certificate of seal imprint (hereinafter “instant application”). A public official E, working for the said Administrative Welfare Center, stated “the prohibition of issuance of a personal seal imprint” in the column for the certificate of seal imprint imprint on the same day (hereinafter “instant disposition”), and received C’s unmanned in the remarks column.

[Ground of recognition] The fact that there is no dispute, Gap evidence 2, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion

A. C was hospitalized on February 23, 2014, which was written in cerebral chropic and transferred to an F hospital located in Ansan-si, and was hospitalized.

B. While C was hospitalized, C filed the instant application by adding C to the instant center while C was hospitalized, it was based on G’s will rather than C’s intention, and G was forced to affix C’s unmanned impression.

C. Therefore, the instant disposition that the Defendant accepted the instant application is unlawful.

While the Plaintiff had been issued a certificate of the C’s seal impression to run as the representative of the Gu H apartment I unit while in Gyeyang-gu, the apartment complex owned by C, but was not issued due to the instant disposition, and was disadvantaged by the said representative.

As a result of the instant disposition, the Plaintiff is not related to C’s certificate of seal impression, while G is related to C’s certificate of seal impression, and C’s certificate of seal impression is pretended as C and C is detached.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination on the defense prior to the merits

A. Even if a third party is not the direct counter-party to an administrative disposition, if the interests protected by law have been infringed by the administrative disposition, the party is entitled to obtain the decision of propriety by filing a revocation suit.

Here, this refers to the following.