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(영문) 수원고등법원 2019.11.27 2019누12032
이주자택지 공급대상자 부적격 처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the lower court’s reasoning is the same as that of the relevant part of the first instance judgment, except for the second instance judgment as follows. Thus, this part of the reasoning 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.

The third party's second party's "application" (hereinafter referred to as "the first application of this case")

b) in 198,00

The 6th place of the 3rd place is the vinyl house (hereinafter referred to as “the vinyl house of this case”).

i)in Doro-friendly;

The “application” of the last 3rd filing of the application is “the second filing of the instant application.”

i)in Doro-friendly;

2. Determination on this safety defense

A. 1) The Plaintiff’s assertion 1) A new application is filed against the Defendant on December 26, 2018, and the third notification of this case constitutes an administrative disposition that is the subject of an appeal litigation. 2) The Defendant’s third notification of this case cannot be deemed a new decision with a de facto notification that maintains the conclusion of the first notification of this case.

Since the third notification of this case did not cause a change in the rights and obligations of the plaintiff, the third notification of this case is not subject to appeal litigation.

B. 1) In principle, the rejection disposition against an application for a beneficial administrative act is established by clearly expressing the intention of the competent administrative agency to reject the application of the party, and where the party files a new application after the rejection disposition, regardless of the title of the application, the rejection disposition again becomes a new rejection disposition (see, e.g., Supreme Court Decisions 92Nu1643, Oct. 27, 1992; 200Du6084, Mar. 29, 2002; 2017Du52764, Apr. 3, 2019).

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