폐쇄명령처분 취소
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reasons why the court should explain this part of the disposition are as stated in the second written judgment of the court of first instance. As such, the reasons why this part of the disposition is stated are the same as stated in the part concerning the circumstances of the disposition. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence
2. The Defendant, as to whether the instant lawsuit is lawful, asserts that the instant facilities were already removed, and thus, the Plaintiff did not have the interest in filing a lawsuit seeking revocation of the instant closure order.
A lawsuit seeking the cancellation of an illegal administrative disposition is a lawsuit seeking to restore the state of illegality caused by the illegal disposition to its original state and protect or protect the rights and interests infringed or interfered with such disposition, and even if such illegal disposition is revoked
Even if reinstatement is impossible, there is no benefit to seek cancellation in principle.
(See Supreme Court Decision 93Nu3905 delivered on September 14, 1993). According to evidence submitted by the Defendant for the first time in the trial (the statement and image of evidence Nos. 13-1 through 3, 14) it is acknowledged that D purchased a factory building owned by the Plaintiff where the instant facilities were located and completed the registration of ownership transfer on May 21, 2018, and D removed the instant facilities after purchasing the said factory. Thus, even if the Plaintiff won the instant lawsuit, it is not possible to restore the instant facilities to its original state before removal.
Therefore, since there is no legal interest in seeking revocation of the disposition of this case, the lawsuit of this case is unlawful, and the defendant's main defense pointing this out is with merit.
3. The decision of the court of first instance is unlawful and dismissed, and the decision of the court of first instance has accepted the plaintiff's claim as a result of the decision on the merits.
Therefore, the judgment of the first instance court is revoked and the lawsuit of this case is dismissed.