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(영문) 대법원 1962. 6. 28. 선고 62누31 판결
[건축허가취소처분취소][집10(3)행,010]
Main Issues

The purpose of the proviso to Article 2 (1) of the Administrative Litigation Act shall be determined on the premise of the institution of an action.

Summary of Judgment

"Justifiable reason" in the proviso to Article 2 (1) of the former Administrative Litigation Act (Act No. 213, Aug. 24, 51) refers to the reason that a lawsuit need not be filed directly without waiting the ruling, although the lawsuit is filed.

[Reference Provisions]

The proviso of Article 2(1) and Article 10(1) of the Administrative Litigation Act

Plaintiff-Appellant

Bosung-hee, an incorporated association

Defendant-Appellee

Seoul Special Metropolitan City Mayor

Judgment of the lower court

Seoul High Court Decision 61Do229 delivered on April 3, 1962

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

The gist of the grounds of appeal shall be interpreted to mean that a direct lawsuit may be instituted without filing a lawsuit, as it is likely to cause serious damage to the case like this case. It shall be interpreted that a legitimate ground for direct lawsuit pursuant to the proviso of Article 2 (1) of the Administrative Litigation Act is an institution of a lawsuit, but it shall not mean that a direct lawsuit may be instituted without filing a lawsuit without filing a lawsuit, and it shall not mean that a direct lawsuit may be instituted without filing a lawsuit. It shall be interpreted as a reasonable interpretation of the judgment of the court below as stated in the proviso of Article 2 (1) of the Administrative Litigation Act because the ruling of the court below is light of the ruling of the court below or " ........... In the case where a serious damage such as the theory of lawsuit is likely to occur, the court below's decision shall be dismissed at the same time without waiting the ruling of the court below, and it shall not be justified to interpret the reasoning of the judgment below as an exception to the legal reasoning of Article 10 of the Administrative Litigation Act where a direct lawsuit is instituted within the court below's legitimate period.

The judge of the Supreme Court (Presiding Judge) of the Red Magsan (Presiding Judge) of the Republic of Korea is a Mag-bunbun Mag-man

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