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(영문) 광주고등법원(전주) 2015.09.21 2015누399
여객자동차운송사업계획변경 인가처분 취소소송
Text

1. The appeal by the Defendant and the Intervenor joining the Defendant against the Defendant is dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for adding the following judgments, thereby citing this as is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. We examine the legitimacy of the Intervenor’s motion to intervene in the case involving the Intervenor’s motion to intervene in the case involving North Korea’s order, and examine the legitimacy of the motion to intervene in the case involving the Intervenor.

In order to intervene in a lawsuit to assist one of the parties in a specific litigation case, there must be an interest in the result of the lawsuit in question. The term "interest" refers to a legal interest, not in fact economic or emotional interest, which refers to a case where the judgment is res judicata or executory power of the judgment in question, or where the judgment in question does not directly affect the effect of the judgment in question, it refers to a case where the legal status of a person who intends to participate in the lawsuit is determined on the premise

(see, e.g., Supreme Court Decision 2005Da19156, Apr. 26, 2007). According to the records, the Intervenor’s previous Intervenor’s Intervenor’s Intervenor’s previous Intervenor’s Intervenor’s motion to intervene in the trial was withdrawn at the trial, and the previous North Speed, which filed an application to intervene in the trial, is a newly established legal entity.

A. On March 20, 2015, a new company was established and transferred from the former North High-speed Terminal Co., Ltd. (the former North High-speed Terminal Co., Ltd., was changed on March 13, 2015) and reported the transfer or acquisition of passenger transport business to the Defendant, and the above transfer or acquisition of passenger transport business and the above license for passenger transport business was granted by the Defendant. Moreover, the Intervenor transferred an express cross-city bus transport business from the former High-Speed Terminal to the Minister of Land, Infrastructure and Transport.

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