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(영문) 서울고등법원 2013.12.4. 선고 2011누39198 판결

시정명령등취소

Cases

2011 Revocation of corrective orders, etc.

Plaintiff-Appellant

A Stock Company

Defendant Appellant

The Head of Seoul Regional Employment and Labor Office Seoul Southern Site

The first instance judgment

Seoul Administrative Court Decision 2011Guhap20017 decided October 26, 2011

Conclusion of Pleadings

November 20, 2013

Imposition of Judgment

December 4, 2013

Text

1. To dismiss the action of exchange change in the current trial;

2. All costs of the lawsuit shall be borne by the defendant.

Purport of claim and appeal

1. Purport of claim

On January 27, 2012, the Defendant revoked the order of return of KRW 2,794,871,280 according to the restriction on payment for one year against the Plaintiff on January 27, 2012 and the order of return of KRW 2,794,871,280 (the Plaintiff sought revocation of the disposition of April 1, 201, but changed the lawsuit

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

The fact that the defendant revoked ex officio the disposition stated in the purport of the claim on October 11, 2013 is no dispute between the parties.

Therefore, the plaintiff's claim is seeking revocation of the non-existent disposition, and the lawsuit of this case is dismissed as it is illegal as there is no interest in the lawsuit.

Judges

The presiding judge, senior judge and senior judge

Judges Noh Jeong-il

Judges Jeong Jae-ok