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(영문) 서울행정법원 2017.09.14 2017구합1032
부당건강보험료 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On April 26, 2011, the Defendant seized the Plaintiff’s deposit claim No. 1014 Dong 1406, Seoul Special Metropolitan City, Nowon-gu, on the ground that the Plaintiff failed to pay national health insurance premiums, etc., and on February 6, 2015, the Plaintiff’s spouse’s deposit claim B was seized.

[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s lawsuit in this case is unlawful as it was filed with the lapse of the period of filing a lawsuit under the Administrative Litigation Act.

B. Determination 1) A revocation lawsuit disputing a disposition, etc. by an administrative agency shall be filed within 90 days from the date on which the relevant disposition, etc. is known (main sentence of Article 20(1) of the Administrative Litigation Act). A lawsuit of this case shall not be filed after the lapse of one year from the date on which the disposition, etc. is taken (main sentence of Article 20(2) of the Administrative Litigation Act). 2) The Defendant issued a seizure disposition on the apartment owned by the Plaintiff on April 26, 201, and attached the claim against B, who is the spouse, on February 6, 2015, on the record that the lawsuit of this case was filed on February 14, 2017 after one year from the date on which each of the above dispositions was taken place. Thus, the lawsuit of this case is unlawful as it was filed with the lapse of the filing period.

3. Furthermore, the first sentence of Article 12 of the Administrative Litigation Act provides that "a revocation lawsuit may be instituted by a person who has a legal interest in seeking the revocation of a disposition, etc., and even a third party, other than the other party to an administrative disposition, has a legal interest in seeking the revocation of the administrative disposition, the standing to sue is recognized, if there is a legal interest in seeking the revocation of the relevant administrative disposition, and the legal interest here refers to a case where there is a direct and specific interest protected by the law, etc. based on the relevant disposition, and it does not include cases where there

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