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(영문) 대법원 2016.06.10 2013두1638

조례 무효확인

Text

The judgment below is reversed, and the case is remanded to the Gwangju High Court.

Reasons

Judgment ex officio is made.

1. In a lawsuit seeking the invalidity confirmation or revocation of an administrative disposition, where it is not possible to restore the state of illegality caused by the administrative disposition to the original state on the grounds of its illegality, there is no legal interest in seeking the invalidity confirmation or revocation confirmation, in principle, even though it is impossible to restore to the original state on the grounds of its illegality, and there is no legal interest in seeking the nullification confirmation or revocation, but there are other rights or interests which can be recovered by such nullification

(See Supreme Court Decision 201Du5001 Decided February 23, 2012, etc.). 2. Reviewing the reasoning of the lower judgment and the record reveals the following facts.

On December 16, 197, the Plaintiff entered into the Jeju Fisheries Basic Trading Agreement with the Jeju Fisheries Development Corporation (hereinafter “Development Corporation”) and revised it on December 16, 2002. On December 15, 2007, the Plaintiff entered into the Jeju Fisheries Sales Convention (hereinafter “instant Convention”) with the content that the Plaintiff sells Jeju Ginseng, which is drinking spring water produced by the Development Corporation, on December 15, 2007.

B. Under the instant agreement, “the period of the agreement shall be three years from the date of conclusion of the agreement in accordance with the conditions for automatic extension of the previous agreement, and thereafter shall be extended every year if the purchase plan under Article 6(2) is implemented (Article 3); “The quantity of the three-year purchase plan during the contract period shall be 370,000 tons in 208, 420,000 tons in 209, 50,000 tons in 200 tons in 209” (main sentence of Article 6(1)); “The quantity of the purchase plan after 2010 shall be determined by mutual consultation between the end of October each year (Article 6(2)); “All disputes arising from the instant agreement shall be resolved by arbitration of the Korean Commercial Arbitration Board.”

"(the proviso of article 13, paragraph 5)" was defined.

C. The three-year purchase scheme stipulated in Article 3 of the instant Convention (from December 15, 2007 to December 14, 201) has been implemented, and the contract period is extended by one year until December 14, 201, and the contract period is extended by December 14, 201.