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(영문) 대법원 2013.3.14.선고 2012두850 판결

수강료조정명령취소

Cases

2012du850 Revocation of an order to adjust tuition fees

Plaintiff, Appellee

As shown in the separate list of Plaintiffs.

[Judgment of the court below]

Defendant, Appellant

The head of Gangnam-gu Seoul Metropolitan Office of Education

Law Firm B

Judgment of the lower court

Seoul High Court Decision 2011Nu18436 Decided December 6, 2011

Imposition of Judgment

March 14, 2013

Text

The judgment of the court below is reversed.

The first instance judgment is revoked, and all of the instant lawsuits are dismissed.

All costs of the lawsuit shall be borne by the defendant.

Reasons

ex officio make decisions.

According to the records, the defendant revoked ex officio the order to adjust the tuition fees of this case against the plaintiffs on December 4, 2012, which was after the filing of the appeal of this case. Thus, the plaintiff's lawsuit of this case is to have already been extinguished and seek revocation of the disposition without any legal interest, thereby making it illegal.

Therefore, the judgment of the court below shall be reversed. Since this case is sufficient for the court to directly judge, the judgment of the court of first instance shall be revoked, and all of the lawsuits of this case shall be dismissed, and the total costs of the lawsuit shall be borne by the defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided as per Disposition by the assent

Justices Park Jae-young

Justices Lee Sang-hoon

Justices Shin Young-young

Justices Kim Yong-deok

Justices Kim So-young

심급 사건
-서울고등법원 2011.12.6.선고 2011누18436