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(영문) 서울행정법원 2020.12.18 2020구합4758

기타(일반행정)

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All of the instant lawsuits are dismissed.

Litigation costs shall be borne by the plaintiff.

The plaintiff of the Gu office located in the Gu.

Reasons

Under the current Administrative Litigation Act, Articles 1 and 2 of the purport of the claim as to the legitimacy of the lawsuit of this case, a lawsuit seeking an administrative agency to take or prevent a certain disposition in the future (see, e.g., Supreme Court Decisions 91Nu4126, Feb. 11, 1992; 2003Du11988, May 25, 2006) is not allowed (see, e.g., Supreme Court Decisions 91Nu4126, Feb. 11, 1992; 2003Du11988, May 25, 2006). The Plaintiff claims against the Defendant that the Defendant does not perform or prevent certain acts, such as “Prohibition of

Therefore, this part of the lawsuit is unlawful.

The consolidation of related claims under Articles 3 and 4 of the purport of the claim, Articles 9, 38, and 10 of the Administrative Litigation Act requires that the original appeal litigation be lawful. Therefore, in a case where an appeal litigation is dismissed in an unlawful manner, the relevant claims joined therein shall also be dismissed to be deemed inappropriate to satisfy the requirements for the lawsuit.

(See Supreme Court Decision 2000Du697, Nov. 27, 2001). Although the cause of the Plaintiff’s claim is not clearly understood, it appears that the Plaintiff seeks the return of goods and the claim for damages from the Defendant, it constitutes civil procedure.

However, as long as each of the claims stated in paragraphs 1 and 2 against the defendant is unlawful, this part of the lawsuit against the defendant is also unlawful.

In conclusion, since all of the lawsuits in this case are inappropriate and cannot be corrected due to its nature, it is so decided as per Disposition by the assent of all participating Justices on the bench without holding any pleadings pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act.