행정처분취소등
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
1. The following facts are apparent in the records of the judgment subject to a retrial:
On April 26, 2013, this Court rendered a ruling dismissing a lawsuit on September 25, 2013 (hereinafter “instant judgment subject to review”) with respect to the instant case, 2013Guhap 11513, which was brought against the Defendant by the Plaintiff against the Defendant.
Therefore, this Court appealed the Plaintiff on October 22, 2013, and issued an order to dismiss the petition of appeal on the ground that the period of appeal expires. The Plaintiff filed an immediate appeal, but the Seoul High Court dismissed the Plaintiff’s appeal on December 13, 2013.
The order to dismiss the petition of appeal was finalized on January 17, 2014.
2. The instant judgment subject to a retrial, without a proper determination as to the Defendant’s refusal to revoke the Plaintiff’s request, deemed “the overall complaint to the extent that the Defendant did not accept the request in a proper manner,” and denied the disposition. However, this constitutes “when the judgment was omitted on important matters that may affect the judgment,” as stipulated in Article 8(2) of the Administrative Litigation Act and Article 451(1)9 of the Civil Procedure Act, by avoiding the judgment on the matter subject to ex officio investigation.”
3. A lawsuit seeking a retrial on the legitimacy of a lawsuit shall be filed within a peremptory period of 30 days from the date when the party becomes aware of the grounds for retrial after the judgment became final and conclusive, and the existence of the grounds for retrial, which states that “when the plaintiff omitted any judgment on important matters that may affect the judgment,” under Article 451(1)9 of the Civil Procedure Act, the plaintiff serves as the grounds for retrial, barring special circumstances, is deemed to have known that the party was aware of the grounds for retrial when he was served the original copy of the judgment subject to retrial (see Supreme Court Decision 200Da49, Sept. 28, 200), and if a judgment becomes final and conclusive after having become aware of the existence
(See Supreme Court Decision 93Da43798 delivered on December 14, 1993). In this case, the plaintiff himself recognizes.