beta
Text
Plaintiff
All appeals filed by A and B and the defendant are dismissed.
Expenses for appeal shall be borne individually by each person.
Reasons
1. The judgment of the court of first instance was sentenced to the dismissal of the primary claim of the plaintiff C subject to the judgment of this court, and only the defendant appealed against this, this part is excluded from the judgment of this court.
2. The reasoning of the judgment of the court of this case, which cited the reasoning of the judgment of the court of first instance, is as follows, and the corresponding part of the reasoning of the judgment of the court of first instance is the same, except for adding the judgment of this court, and thus, it shall be accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
3. 이 법원에서 고쳐쓰는 부분 ▣ 제1심판결서 11쪽 13행, 12쪽 1행 및 같은 쪽 10행에 있는 각 “내용을”을 각 “내용의”로 각 고친다.
▣ 제1심판결서 13쪽 19행부터 14쪽 6행까지를 아래와 같이 고친다.
(1) Article 2(1)1 of the Administrative Litigation Act provides that “a disposition” subject to an appeal litigation is an exercise of public authority or rejection thereof as an enforcement of law with respect to a specific fact by an administrative agency, and other corresponding administrative actions. Whether an administrative agency’s act may be subject to an appeal litigation cannot be determined abstractly and generally. In specific cases, the issue of whether an administrative disposition may be subject to an appeal litigation is an act that directly affects the rights and obligations of citizens, with the mind that an administrative disposition is an enforcement of law with respect to a specific fact conducted by an administrative agency as the subject of public authority, and is an act that directly affects the rights and obligations of citizens. Determination ought to be based on the content and purport of relevant Acts and subordinate statutes, the subject and purport of the act, the content and procedure of the act, the actual relation between the act and the other party, and the attitude of the administrative agency and the interested party related to the pertinent act (see Supreme Court Decision 2010Du7321, Jun. 10, 2011).