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(영문) 서울행정법원 2020.08.12 2020구합55664

업무방해

Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

office shall be located in the Gu.

Reasons

ex officio deemed.

1. Whether Defendant 2’s lawsuit against Defendant 2 is lawful or not, and it is difficult to view that Defendant 2’s phone number was specified as the subject of right with the party capacity in a specific lawsuit, the part against Defendant 2 of the instant lawsuit is unlawful.

this may be seen as an administrative agency where the telephone number in question is expressed.

The Plaintiff’s lawsuit against the Defendants is unlawful for the following reasons.

2. Of the instant lawsuits, a claim seeking omission is an unlawful lawsuit that is not allowed by an administrative agency pursuant to the Administrative Litigation Act to prevent an administrative agency from taking a certain measure under the Administrative Litigation Act.

(see Supreme Court Decision 2003Du11988, May 25, 2006). The Plaintiff sought against the Defendants not to interfere with the business, which constitutes a lawsuit seeking an omission by an administrative agency, and thus, is not allowed under the Administrative Litigation Act.

Therefore, this part of the claim is unlawful.

3. The consolidation of related claims under Articles 38 and 10 of the Administrative Litigation Act, among the lawsuits of this case, requires that the original appeal litigation be lawful, and thus, in a case where an appeal litigation is dismissed on the grounds that the original appeal is unlawful, the relevant joined claims shall also be dismissed to be deemed inappropriate.

(See Supreme Court Decision 200Du697, Nov. 27, 2001). Although the cause of the claim is clear, this part of the Plaintiff’s lawsuit is a claim for damages related to omission to be sought under paragraph (1) of the purport of the claim. Thus, it constitutes a civil lawsuit, which is incorporated into paragraph (1) of the purport of the claim. As long as the part of paragraph (1) of the Plaintiff’s lawsuit against the Defendants is unlawful, this part of the lawsuit is unlawful.

In addition, the filing of a lawsuit against the Minister of Court Administration, which is an administrative agency under the Supreme Court, can be the subject of rights and obligations.