logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.04.23 2014두46492
무상사용기간 연장허가처분 취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, where a third party, other than the other party to the administrative disposition, has a legal interest in seeking the revocation of the administrative disposition, the revocation thereof may be sought, but in this case, legal interest refers to a specific interest that is directly protected by a law based on the relevant disposition, and thus, in a case where a third party has an indirect and indirect economic interest,

(2) In light of the above legal principles and records, the court below is just in holding that there is no legal interest in seeking the revocation of the disposition of this case against the plaintiff on the grounds as stated in its holding, and there is no error of law by misunderstanding the legal principles as to the qualification of the plaintiff in an appeal litigation, contrary to what is alleged in the grounds of appeal.

2. As to the grounds of appeal Nos. 2 and 3, this part of the ground of appeal is related to the lower court’s assumptive preliminary determination as to the merits in a case where the Plaintiff’s eligibility is recognized, and as seen earlier, insofar as the lower court’s conclusion that there is no legal interest in seeking the revocation of the instant disposition, the propriety of the aforementioned constructive preliminary determination does not affect the conclusion of the judgment, and thus, the allegation in the grounds of appeal No.

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow