변상금부과처분무효확인의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal, and this Court.
1. The reasons for this part of the disposition are as follows, except for the deletion of some of the contents as follows, and the corresponding part of the judgment of the court of first instance (Articles 8(2) and 420 of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act are cited.
The judgment of the court of first instance, which stated in the first instance No. 18-19 (hereinafter referred to as “each of the above dispositions imposing indemnity”), deleted “the imposition of indemnity of this case” and “the imposition of indemnity of this case along with each of the disposition imposing additional dues.”
2. Judgment on the Defendant’s defense prior to the merits
A. The gist of the defense of this case is that the Defendant’s claim seeking nullification of each of the dispositions imposing indemnity on the Plaintiff on June 17, 2013 and on February 13, 2014 (hereinafter “each of the dispositions of this case”).
However, on February 5, 2015, the Defendant received KRW 30,000,000 out of each of the above indemnities, and thereafter, on January 24, 2018, the Defendant deposited the difference between the remainder of the indemnities and the additional charges to be paid by the Plaintiff to the Plaintiff according to the result of the pertinent civil procedure and the amount to be paid by the Plaintiff to the Plaintiff as depositee under Article 89 of the Chuncheon District Court's Seoul District Court's Jeju District Court's Seoul District Court Decision 2018, Jan. 24, 2018.
Therefore, seeking a return of unjust enrichment of indemnity and additional dues against the Defendant is more effective and appropriate for the remedy of the Plaintiff’s right, and thus, the instant lawsuit seeking a confirmation of invalidity of each of the instant dispositions is unlawful as there is no benefit of lawsuit.
B. The purpose of administrative litigation is to relieve citizens from infringement of their rights or interests and to properly resolve disputes over the relationship of rights or the application of law in public law by cancelling or changing illegal dispositions, etc. of administrative agencies, or by confirming the validity or existence of such dispositions, etc.