위반건축물 시정명령 취소등
1. The part of the claim for revocation of the cancellation of the report on temporary building construction shall be revoked;
Of the instant lawsuit, the foregoing.
1. The court's explanation of this part of the disposition is consistent with the reasoning of the judgment of the court of first instance except where the court of first instance written the judgment as follows. Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
Part 3: “On March 20, 2016.” of Part 7 as “ March 10, 2016.” and as “ March 10, 2016.” The following details are added to Chapter 3:
E. At the time of reporting the instant construction, the Plaintiff reported by setting the retention period of the instant temporary building as of October 6, 2016. On September 27, 2016, the Plaintiff reported extension of the retention period of the instant temporary building by October 6, 2018, but the Defendant returned the said retention period extension report on September 30, 2016.
Part 3 11 "A Nos. 1 and 6" means "A Nos. 1, 6, and 10". 2. The plaintiff's assertion and relevant statutes
A. The reasons why the court should explain this part of the plaintiff's assertion are 2.0% of the reasons for the judgment of the first instance court.
Since the part of the clause is the same, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
(b) as shown in the attached Form of the relevant statutes;
3. We examine whether the part concerning the claim for cancellation of the repair withdrawal disposition of this case among the lawsuit of this case is lawful, ex officio, among the lawsuit of this case, the part concerning the claim for cancellation of the repair withdrawal revocation disposition
A lawsuit seeking the cancellation of an illegal administrative disposition is a lawsuit seeking the restoration to the original state by removing an illegal state arising from such disposition and protecting or removing the rights and interests infringed or interfered with such disposition, and thus the disposition is revoked.
If reinstatement is impossible, there is no benefit to seek cancellation of the disposition.
(see, e.g., Supreme Court Decision 2004Du8538, Jan. 11, 2007). The Plaintiff seeks revocation of the instant disposition revoking the repair report of the instant temporary building.
(b).