원인자부담금부과처분취소
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
2. The reasoning for the court’s explanation concerning this part of the Plaintiff’s assertion is as follows, and the reasoning for the judgment of the court of first instance is identical to that for the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article
The portion to be amended is in place No. 3 and No. 11, followed by adding “the construction work of the instant apartment to L Co., Ltd. (hereinafter referred to as “L”) under contract.”
Part 3 13-14 "Defendant received an application for water supply works for the instant multi-family housing in the name of L on September 19, 2017 (hereinafter referred to as "water supply works" or "the instant construction works") and brought the instant multi-family housing into water supply works in the name of L on the same day.
3. We examine whether the instant lawsuit is legitimate.
A. Article 12 of the Administrative Litigation Act provides that “A revocation suit may be instituted by a person who has a legal interest in seeking revocation of a disposition, etc.” under the title “qualified for the plaintiff.”
Administrative litigation is a profit to be instituted only by a person who obtains a direct and specific benefit legally due to the cancellation of a disposition by an administrative agency, and there is no benefit to be instituted by a person who has no substantial or indirect relation.
(See Supreme Court Decisions 94Nu12487 delivered on March 8, 1996, 96Nu1405 delivered on August 20, 1996, and 95Nu1484 delivered on December 5, 1995, etc.) B.
In light of the following circumstances, considering the evidence mentioned above and the evidence stated in Gap evidence Nos. 6, 7, 8, and Eul evidence Nos. 3 and 4 as a whole, the other party to the disposition of this case is L other than the plaintiff, and the plaintiff cannot be deemed to have suffered any infringement of rights or legal disadvantage due to the disposition of this case. Thus, the plaintiff has no interest in standing to sue or lawsuit to file a revocation suit of this case.
(1) The application for water supply works and the details of disposal thereof shall be confined.