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(영문) 대전고등법원 2015.11.26 2014누11999

전보명령 취소 등

Text

1. The plaintiff's appeal is all dismissed.

2. The plaintiff's action added in the trial shall be dismissed;

3. Costs of appeal and appeal.

Reasons

1. The reasons for the court’s explanation concerning this case are as follows, except for adding the judgment as described in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act as to the legitimacy of the lawsuit that the plaintiff added at the trial of the court of first instance (the lawsuit demanding the revocation of the C-Appointment Disposition as of January 1, 2015). Thus, the reasoning for the court’s explanation is as follows: “any defect in the failure to render a partial winning judgment” in Section 5, Section 14 of the judgment of the court of first instance is as “any defect in the failure to render a partial winning judgment”; “the completed one year prior to the completion of one year” in Section 6, Section 9 of the judgment of the court of first instance is as “the completed one year prior to the lapse of one year.”

2. The Plaintiff’s determination as to the legitimacy of a lawsuit added at the trial of a political party refers to the appointment of Defendant Chungcheongnam-do Governor on January 1, 2015, who was appointed by the Do governor of Chungcheongnam-do as N as C on January 1, 2015 (hereinafter referred to as “disposition of appointment on January 1, 2015”).

A) A lawsuit seeking revocation was added, and Defendant Chungcheong Do governor has no legal interest in seeking revocation of a disposition of appointment as of January 1, 2015, because the Plaintiff was merely a third party to a disposition of appointment as of January 1, 2015. On the other hand, even a third party, who is not the other party to an administrative disposition, is entitled to obtain a judgment of propriety by filing a revocation lawsuit, if the interests protected by the relevant administrative disposition are infringed by law. Here, the legal interests referred to in this context refer to cases where there are individual, direct, and specific interests protected by the relevant laws and regulations and regulations, and does not include cases where the interests protected by the law are merely those having a factual and economic interest, such as the general, indirect, and abstract interests of the general public (see, e.g., Supreme Court Decision 2012Du19496, Jul. 23, 2015).