공장신설 승인신청 불가처분 취소
1. All applications for intervention by the defendant's assistant participant shall be dismissed.
2. All appeals filed by the plaintiffs.
1. The grounds for this part of the disposition are the same as the relevant part of the reasoning of the judgment of the court of first instance, except for the addition of the following, and thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420
Following the third 10 lines, “The plaintiffs filed an administrative appeal seeking the revocation of the instant disposition with the Gyeonggi-do Administrative Appeals Commission, and the Gyeonggi-do Administrative Appeals Commission dismissed the plaintiffs’ appeal on May 17, 2017.”
2. In an administrative litigation regarding the determination of the legitimacy of the motion for intervention in the instant case, even though the intervenor does not constitute a third party participation as stipulated in Article 16 of the Administrative Litigation Act, if the intervenor satisfies the requirements for intervention in the Civil Procedure Act, it can be said that the participation satisfies the requirements for intervention in the instant case.
(see Supreme Court Decision 2011Du13729, Mar. 28, 2013). Meanwhile, in order to intervene in a specific litigation case in order to assist one of the parties, there is an interest in the outcome of the pertinent litigation.
The term "interested interest" refers to a legal interest, not a de facto economic or emotional interest, which refers to a case in which the judgment is res judicata or executory power of the judgment in question, or in which the legal status of a person who intends to participate in assistance is determined at least on the premise that the judgment in question does not directly affect the effect of the judgment in question.
(See Supreme Court Decisions 79Nu74 Decided August 28, 1979; 2012Da257 Decided June 18, 2013, etc.). The reason for applying for intervention by the Defendant Intervenor (hereinafter “applicant”) is that the applicant is a resident living in Gyeonggi-gun M or the same military NN, which is the neighboring area of the instant project site, and the factory of this case is located in the prospective project site of this case.