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(영문) 서울고등법원 2011.04.20 2010누39092

시효소멸로처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the reasoning of the judgment of the court of first instance as to this case is that the court of first instance is the same as that of the judgment of the court of first instance, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

In addition, the part written by the plaintiff, " March 3, 2010," the second 6th part of theO, "the plaintiff visited the Seoul Western District Office on March 2, 2010 and provided a civil petition counseling and submitted a petition (However, the certificate No. 6 contains a receipt on March 3, 2010)."

O The second 11th answer to the result of the treatment is the “notification of the result of the treatment.”

O's 2nd 16th x 4's evidence is added to the ground for disposal of the 2nd 16th x .

O From the last half to the third fiveth half, such parts shall be deleted as follows:

【Whether a government agency accepting a petition accept the petition and take a specific measure is at the discretion of the government agency, and even if so notified, it does not affect the rights and obligations of the petitioner or legal relations. Thus, it cannot be deemed an administrative disposition subject to an appeal litigation (see, e.g., Supreme Court Decision 91Nu4195, Aug. 9, 191).

2. The judgment of the first instance court is justifiable, and the plaintiff's appeal is dismissed.