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(영문) 서울고등법원 2018.11.9. 선고 2018누48382 판결

감사원 재심의판정 취소 청구의 소

Cases

2018Nu48382 Action for cancellation of the decision by the Board of Audit and Inspection

Plaintiff Appellant

1. A;

2. B

3. C

4. D;

5. E.

Defendant Elives

Board of Audit

The first instance judgment

Seoul Administrative Court Decision 2017Guhap6169 decided April 13, 2018

Conclusion of Pleadings

October 5, 2018

Imposition of Judgment

November 9, 2018

Text

1. All appeals filed by the plaintiffs are dismissed.

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

Purport of claim and appeal

The decision of the first instance shall be revoked. On March 2, 2017, the defendant revoked the decision of retrial made against the plaintiffs.

Reasons

1. Quotation of judgment of the first instance;

This court's decision is identical to the grounds for the judgment of the first instance court, and therefore, it cites it 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 (the argument that the plaintiff in the trial is not different from the argument in the first instance court, and even if all the evidence submitted in the first instance court and the trial are examined, the judgment of the

2. Conclusion

Therefore, the judgment of the first instance court is justifiable, and the plaintiffs' appeal is dismissed.

Judges

Judges Yang Sung-ju

Judges Kim Jong-chul

Judges Oh Jeong-tae