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(영문) 서울행정법원 2020.10.15 2020구합76807
파기처분 확인
Text

The application for intervention by an independent party intervenor shall be dismissed.

The litigation costs shall be borne by an independent party intervenor.

Reasons

An independent party intervenor filed an application for intervention in the case of confirming the disposition of destruction of 2020Guhap62273 in the principal lawsuit, and the claims and grounds for intervention are as specified in attached Forms 1 and 2.

In full view of the purport of the claim and the reasons for the participation, since an independent party intervenor cannot be deemed to have made his own claim against the party to the lawsuit or to have the reasons for the participation, the application for participation in the case is unlawful and inappropriate, and thus, the application for participation in the case is dismissed without oral proceedings pursuant to Article 8(2) of the Administrative Litigation Act and Article 2

[In principle, when rendering a judgment on the merits in a lawsuit involving intervention by an independent party, a single final judgment shall be rendered to the plaintiff, the defendants, and the intervenors (see, e.g., Supreme Court Decision 95Da44191, Dec. 8, 1995). However, this court rendered a judgment on the principal lawsuit on August 27, 2020 and applied for intervention on September 6, 2020, which was after the court rendered a judgment on the principal lawsuit on August 27, 2020. This case did not lead

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