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(영문) 서울행정법원 2020.10.23 2019재구합242
하천사용료체납처분취소
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

Reasons

A lawsuit on a final and conclusive judgment shall be permitted only when there are grounds for retrial stipulated in the subparagraphs of Article 451(1) of the Civil Procedure Act, which shall apply mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act. Thus, if the ground for a retrial does not constitute such ground, the lawsuit on the

However, the Plaintiff presented only reference materials without disclosing all the grounds for retrial under any of the subparagraphs of Article 451(1) of the Civil Procedure Act, and only stated the grounds for retrial on the date for pleading that “the Plaintiff filed the instant lawsuit due to improper imposition of river usage fees.” The grounds for the Plaintiff’s assertion do not constitute any of the grounds for retrial under any of the subparagraphs of Article 451(1) of the Civil Procedure Act.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it as per Disposition.

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