이행강제금 부과 처분 취소
1. The plaintiff's action as added by this court shall be dismissed.
2. The plaintiff's appeal is dismissed.
1. The reasoning for this part of the underlying facts is the same as the relevant part of the reasoning of the judgment of the court of first instance, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure
2. Judgment as to the legitimacy of the lawsuit as to the main claim added by this court
A. The defendant asserts that the lawsuit of this case, which was added by this court, is unlawful as it was filed after the lapse of the time limit for filing the lawsuit.
As to this, the Plaintiff asserts that the period of filing the instant lawsuit was calculated on December 27, 2017, which was the date on which the objection was received, and that the Plaintiff complied with the period of filing the lawsuit since the Plaintiff filed the instant lawsuit within 90 days from the said date, as the amended notice of imposition can specify the subject and scope of objection only after being issued again.
B. According to Article 20(1) of the Administrative Litigation Act, a revocation lawsuit shall be instituted within 90 days from the date when the person becomes aware of the disposition, etc.; however, if the purport of the claim is modified and the new lawsuit is changed to be withdrawn, compliance with the period for filing a lawsuit against a new lawsuit should be determined based on the time when the new lawsuit
(See Supreme Court Decision 2004Du7023 Decided November 25, 2004). Meanwhile, according to Article 25 of the Administrative Procedures Act, when there is a clerical error, miscalculation, or other similar mistake in a disposition, an administrative agency shall promptly correct it ex officio or upon request and notify the parties.
Although the Defendant stated the place of violation as “B” in the instant disposition, the Defendant erroneously stated the place of violation as “D” only in the notice of imposition attached to the instant disposition, and the Defendant delivered the instant disposition to the Plaintiff on September 26, 2017, after serving it on the Plaintiff on December 27, 2017.