시설물이전조치처분취소
The judgment of the first instance shall be revoked.
All of the plaintiffs' lawsuits are dismissed.
All costs of the lawsuit shall be borne by the plaintiffs.
1. The court's explanation concerning this part of the grounds for appeal is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the
2. On May 6, 2013, the Defendant rendered a disposition to order the Plaintiffs to remove or relocate the facilities (A2-1). The fact that the Plaintiffs were unable to remove or relocate the said facilities on January 6, 2005 is no dispute between the parties.
A lawsuit seeking the revocation of an administrative disposition is a lawsuit seeking to restore the state to its original state by removing the state of illegality arising from such disposition and protect or rescue the rights and interests infringed or obstructed by such disposition, and if the benefits of a lawsuit are likely to recover the rights and interests infringed by an administrative disposition or the benefits to be protected by law, even if recovery is not sufficient, if the possibility of recovery is completely extinguished even if such disposition is illegal, there is no benefit
(See Supreme Court Decision 86Nu676 Decided February 24, 1987; Supreme Court Decision 95Nu17403 Decided January 24, 1997; Supreme Court Decision 201Du30465 Decided July 24, 2014, etc.). According to the above facts of recognition, the Defendant’s disposition became final and conclusive upon the completion of the execution by the Plaintiffs’ performance, and the effect of the disposition became final and conclusive upon the completion of the execution by the Plaintiffs. Even if the Defendant’s disposition is revoked, it is difficult to view that the Plaintiff’s right or legal interest to be protected can be restored to the original state.
Therefore, since there is no legal interest in seeking revocation of the disposition, the plaintiffs' lawsuit is unlawful.
3. In conclusion, the plaintiffs' lawsuits shall be dismissed as illegal.
Unlike this conclusion, the judgment of the first instance, which dismissed the plaintiffs' claims by entering the merits, is unfair, and thus, all of the plaintiffs' lawsuits are dismissed, and the total costs of the lawsuit are borne by the plaintiffs.