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(영문) 대구고등법원 2016.2.5.선고 2015누6683 판결
내항정기여객운송사업변경계획인가처분취소의소
Cases

2015Nu683 Action for revocation of authorization for change of scheduled coastal passenger transportation services

Plaintiff Appellant

As shown in the separate list of the plaintiffs.

Defendant Elives

Maritime Affairs and Fisheries Office

The first instance judgment

Daegu District Court Decision 2015Guhap22181 Decided September 15, 2015

Conclusion of Pleadings

January 22, 2016

Imposition of Judgment

February 5, 2016

Text

1. All appeals filed by the plaintiffs are dismissed. 2. The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant's approval of the revised plan for inland passenger transportation services (hereinafter referred to as the "disposition of this case") against Taesung Shipping Co., Ltd. on November 20, 2014 shall be revoked.

Reasons

1. Quotation of judgment of the first instance;

In the appeal of the plaintiffs, the grounds alleged in the court of first instance are not significantly different from the contents claimed by the plaintiffs in the court of first instance, and even if all evidence submitted in the court of first instance and the purport of the entire arguments in the court of first instance and the court of first instance are examined, the plaintiffs' legal interest in seeking revocation of the disposition of this case exists, and the judgment of the court of first instance, which

Therefore, the court's explanation on this case is identical to the reasoning of the judgment of the court of first instance, except for dismissal or addition of some contents as follows. Thus, the court's explanation on this case is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

○ From the fourth fifth column of the judgment of the first instance court, “The dismissal ruling was issued at the first instance court (Tgu District Court 2014Guhap21358), and the present Daegu High Court (2015Guhap2021)” was pending in the case (Tgu District Court 2014Guhap21358), and the appellate court was sentenced on November 20, 2015 (Tgu High Court 2015Du4021), and the continuing of the case (Tgu High Court 2015du4021) at the present time. It is difficult to view the Plaintiffs as being affected by the change of the purpose and frequency of use of the vessel of this case or by any change of the purpose and time of use of the vessel of this case without any legal disadvantage. However, it is difficult to view the Plaintiffs as being affected by the change of the purpose and time of use of the vessel of this case.

In addition, in addition to the above provisions, the first instance court's decision No. 7th, in addition to the above provisions, there is no procedural provision or a provision on the protection of rights to guarantee specific interests that may be infringed upon due to changes in the operating time of passenger ships to the plaintiffs who are Ulle residents by hearing opinions from Ulle residents in the relevant laws and regulations."

2. Conclusion

Therefore, all of the plaintiffs' lawsuits in this case are dismissed, and the judgment of the court of first instance is just in its conclusion, and all of the plaintiffs' appeals are dismissed as it is without merit, and it is so decided as per Disposition.

Judges

The presiding judge, senior judge and public officer;

Judges Boli-a

Judges fixed-term

Attached Form

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

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