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(영문) 광주고등법원 2018.05.31 2017누4979
주거환경개선사업 정비구역지정처분 등 무효확인
Text

1. Of the judgment of the first instance, the part against the plaintiffs against the head of Seo-gu Gwangju Metropolitan City and the Korea Land and Housing Corporation.

Reasons

1. Details of the disposition;

2. The plaintiffs' assertion;

3. The court's explanation of this part of the relevant provision is the same as the grounds for the judgment of the court of first instance, and thus, citing this in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure

4. Determination

A. In order for an administrative disposition defective in the standards for determining invalidation and revocation and the responsibility for the assertion and certification of invalidation to be null and void as a matter of course, it must be objectively obvious that the defect is a serious violation of an essential part of the law and is objectively obvious, and in determining whether the defect is significant and obvious, it should be reasonably examined the purpose, meaning, function, etc. of the law and, at the same time, the specificity of the specific case itself

Meanwhile, in cases where an administrative disposition was taken by an administrative agency by applying the provisions of a certain Act to a certain legal relationship or fact-finding, the legal principles clearly stating that the provisions of the Act are not applicable to such legal relations or fact-finding, and thus, if the administrative agency rendered the disposition by applying the above provisions despite there is no room for dispute over the interpretation, the defect is grave and obvious. However, if there is room for dispute over the interpretation of the provisions of the Act as to such legal relations or fact-finding, the legal principles that the provisions of the Act are not applicable to such legal relations or fact-finding are not clearly revealed and thus,

(see, e.g., Supreme Court en banc Decision 94Nu4615, Jul. 11, 1995; Supreme Court Decision 2010Du25107, Oct. 25, 2012). In addition, in order to find that there is any defect that misleads a person into facts in an administrative disposition, if it is obvious that the defect is obvious, the materials that served as the basis for the mistake of facts lack the appearance of appearance, or are objectively established or authentic.

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