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(영문) 서울행정법원 2019.05.30 2016구합1080

부작위위법확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

The following facts are significant in this Court:

On February 4, 2016, the Plaintiff submitted the instant complaint to the instant court, but did not affix revenue stamps.

Accordingly, on February 5, 2016, the instant court issued an order of correction to the effect that “the payment of stamp, etc. within seven days from the date of delivery of the order” (hereinafter “instant order of correction”) and received a certified copy of the instant order of correction on February 18, 2016.

On February 25, 2016, the Plaintiff filed an application for a litigation with respect to the stamp, etc. (Seoul Administrative Court 2016ia552), but the decision of dismissal made on March 3, 2016 was served on the Plaintiff on March 18, 2016.

The Plaintiff appealed and filed an immediate appeal on March 24, 2016 (Seoul High Court 2016Ra1144), but the decision dismissing the appeal on July 21, 2017 was served on the Plaintiff on August 4, 2017.

The Plaintiff appealed and re-appealed on August 11, 2017 (Supreme Court Decision 2017Da865). However, the decision on dismissal made on January 12, 2018 was served on the Plaintiff on January 19, 2018, and the said decision on dismissal made on March 3, 2016 became final and conclusive.

On May 29, 2018, the instant court issued an order of correction to the effect that “the payment of stamp, etc. within seven days from the date of delivery of the order” (hereinafter “instant second order of correction”), and the Plaintiff received the copy of the instant second order of correction on June 1, 2018.

On June 7, 2018, the Plaintiff filed an application for a litigation with respect to the stamp, etc. (Seoul Administrative Court 2018da968), but the decision of dismissal made on July 20, 2018 was served on the Plaintiff on August 6, 2018.

The Plaintiff appealed and filed an immediate appeal on August 10, 2018 (Seoul High Court 2018do1430), but the decision to dismiss the Plaintiff on October 18, 2018 was served on the Plaintiff on December 4, 2018.

The Plaintiff appealed and re-appealed on December 7, 2018 (Supreme Court Decision 2018Da1055), but the decision on dismissal made on April 19, 2019 was served on the Plaintiff on April 26, 2019, and the said decision on dismissal made on July 20, 2018 became final and conclusive.

On the other hand, the duplicate of the complaint of this case on April 23, 2019.