logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.07.17 2019누68765
종합부동산세취소청구 외 재산세환급청구
Text

1. The first instance judgment, including the claims added by the Plaintiff, is modified as follows. A.

(e).

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as follows, except for dismissal or addition as follows, the corresponding part of the judgment of the court of first instance (from No. 2, No. 7 to the last part of the judgment of the court of first instance) is the same as that of the judgment of the court of first instance. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

In the second sentence of the judgment of the court of first instance, "I" in the last sentence shall be deemed "Ji".

Part III of the judgment of the court of first instance states "B/B 1/2" in Part III as "B 1, 2, and 13 (including each number, if any)."

The following shall be added between the fourth and fifth of the part in the first instance judgment:

4) On March 24, 2020, the instant appellate trial continued on March 24, 2020, Defendant Yang Sung-gu rendered a decision to reduce or correct property tax in the year 2015 or 2019 on the ground that “The property tax shall be applied separately on the ground that approximately KRW 800 square meters of the instant forest land is confirmed as forest land in the railroad protection zone.”

A person shall be appointed.

2. The legal interest in a lawsuit seeking confirmation or revocation of an administrative disposition should be determined by taking into account individual and specific circumstances. Even if a lawsuit seeking confirmation or revocation of an administrative disposition has legal interest in a lawsuit at the time of filing a lawsuit, if a disposition agency ex officio revokes an administrative disposition which is subject to dispute during the duration of the lawsuit, such disposition loses its validity and does not exist any longer. Therefore, an appeal suit against a non-existent disposition should, in principle, be deemed unlawful on the ground that

However, there are other rights or interests that can be recovered by nullification or cancellation because the administrative disposition is not completely restored to the administrative disposition, or there is a risk that illegal disposition will be repeated due to the same reason as the administrative disposition between the parties to the same lawsuit.

arrow