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(영문) 서울행정법원 2020.10.15 2020구합76784
부작위위법확인
Text

The application for intervention by an independent party intervenor shall be dismissed.

The litigation costs shall be borne by an independent party intervenor.

Reasons

An independent party intervenor filed an application for intervention in the case of confirmation of illegality of omission by this Court 2020Guhap73457 as a principal lawsuit, and the purport of the application and the reasons for the intervention are as specified in the attached Forms 1 and 2.

In full view of the purport of the claim and the reasons for the participation, since an independent party intervenor cannot be deemed to have made his own claim against the party to the lawsuit or to have the reasons for the participation, the application for participation in the case is unlawful and inappropriate, and thus, the application for participation in the case is dismissed without oral proceedings pursuant to Article 8(2) of the Administrative Litigation Act and Article 219

[In principle, when rendering a judgment on the merits in a lawsuit involving intervention by an independent party, a single final judgment shall be rendered to the plaintiff, the defendants, and the intervenors (see, e.g., Supreme Court Decision 95Da44191, Dec. 8, 1995). However, this court rendered a judgment on the principal lawsuit on August 27, 2020 and applied for intervention on September 6, 2020, which was after the court rendered a judgment on the principal lawsuit on August 27, 2020. This case did not lead

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