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(영문) 서울고등법원 2016.11.15 2016누56273

공고 무효 확인 등

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for dismissal or addition of the judgment of the first instance as follows. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The 3th, 7th and 8th of the first instance court's decision, each "this Court", had been in accordance with the 3th, 10th to 11th of the first instance court's decision, "the Seoul Administrative Court."

Accordingly, the Minister of Land, Infrastructure and Transport appealed (Seoul High Court 2016Nu34549), and the Seoul High Court on August 18, 2016, rendered a judgment dismissing the Plaintiff’s lawsuit on the ground that “Seoul-Seoul-Seoul-Seoul Highway is unable to promote it as a private proposal project, and there is no benefit to revoke the return of the instant case.” The instant case is still pending in the final appeal (Supreme Court 2016Du49761).

According to the evidence and evidence No. 5 of the first instance court's decision, which added "No. 5" to "No. 1 through 5 of the third instance court's decision, "No. 4 of the first instance court's decision," which added the following additional contents to "No. 5 of the second instance court's decision," and the following evidence No. 1 of the second instance court's decision, the defendant Minister of Land, Infrastructure and Transport decided on Nov. 19, 2015 on the method of promotion, timing of promotion, financing method, etc. of the new project of the Seoul-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S.