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(영문) 서울고등법원 2018.11.20 2018누48542

손실보상금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds alleged by the Plaintiffs citing the judgment of the court of first instance are not different from the allegations in the court of first instance, and the evidence submitted in the court of first instance is the evidence of the first instance, and the judgment of the court of first instance dismissing the lawsuit of this case is justified even if the Plaintiffs’ respective statements in the evidence Nos. 4 and 5, which were additionally submitted in the court of first instance,

Therefore, the reasoning of this court is that the reasoning of the judgment of the court of first instance is the same with the exception of adding the following "2. added". Thus, it is accepted as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act (as the part concerning joint plaintiffs B of the first instance court is separated and confirmed, only the part related to the plaintiffs of the first instance court is quoted). 2. The addition of the part concerning the judgment of first instance, which is "in addition, it is true that the written agreement to withdraw the lawsuit of this case is prepared at the end of 19th," but it constitutes an agreement to waive the right, which is a public right, to the state of private person, with respect to the legal relationship of public law which cannot be arbitrarily disposed of by the

In addition, “The plaintiff,” as set forth in Section 5, Section 12, of the first instance judgment, is not permissible in front of “the parties to a lawsuit” to waive a public right, which is the public right, against a private country, subject to the legal relationship of public law that cannot be disposed of at will, but an agreement to withdraw a lawsuit which has already been filed after the filing of a lawsuit on the legal relationship of public law, is permissible in accordance with the principle of dispositive authority applicable to administrative litigation, and if an agreement was reached between the parties to withdraw a lawsuit pending in the court, the lawsuit is not concluded as withdrawal unless the parties submit a written withdrawal to the court in which the lawsuit is pending, but if it is recognized that the conditional withdrawal agreement and its conditions have been fulfilled.