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(영문) 서울고등법원 2016.06.07 2015누65270

개발행위(변경)허가 취소처분 취소

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit shall be the cost of supplementary participation.

Reasons

1. The reasons why the court should explain this part of the reasoning of the judgment regarding the background of the disposition and the legitimacy of the defendant's supplementary participant's supplementary participant's supplementary participant's supplementary participant's supplementary participant's supplementary participant's participation are as stated in Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, i.e., Article 2 of the 18 of the 2nd "establishment of and embeatal height (the height of 2m)" as "0 to 00m", and Article 4 of the 4nd 3rd of the 4nd th th eth eth "

2. Article 32(3) of the former Administrative Appeals Act (amended by Act No. 968, Jan. 25, 2010) provides that “When an administrative appeals commission deems that a request for revocation trial is well-grounded, it shall order the revocation or alteration of a disposition, or the revocation or alteration thereof to a disposition agency.” However, Article 43(3) of the amended Administrative Appeals Act (amended by Act No. 9968, Jan. 25, 2010) provides that an administrative appeals commission shall order the revocation or alteration of a disposition, or alteration of another disposition, if it considers that a request for revocation trial is well-grounded. As such, an administrative appeals commission under the current Administrative Appeals Act (amended by Act No. 9968, Jan. 25, 2010) provides that “The revocation ruling

I would like to say.

Meanwhile, in a case where an administrative appeals commission voluntarily revokes a disposition, the relevant disposition is naturally revoked and extinguished without being able to wait for a separate administrative disposition based on the formation power of the ruling, and thereafter the disposition that the disposition agency again cancels is not a party to the ruling, and the relevant disposition is not a party to the ruling and thus it is not known that the relevant disposition has been revoked and extinguished, and it is not a new formative act to cancel and extinguish the relevant disposition.