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(영문) 부산지방법원 2015.05.22 2014구합4130
체류기간연장등불허가처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The existence of an administrative disposition, which is the object of a lawsuit in an administrative litigation, shall be deemed a lawful requirement of the lawsuit. Thus, as long as there is no disposition seeking revocation, the lawsuit seeking revocation of the disposition shall be dismissed as illegal

(see Supreme Court Decision 96Nu6707, Aug. 26, 1997). However, according to the purport of the entire pleadings in the evidence Nos. 1 and 2, the Plaintiff is found to have received a notification from the head of the Seoul Immigration Office on January 16, 2014 of the rejection decision, such as extension of sojourn period, and there is no evidence to prove that the Defendant made any disposition against the Plaintiff on January 6, 2014, the date on which the Plaintiff seeks revocation.

(The same shall also apply when the above date is deemed to be a clerical error in January 16, 2014). Thus, the instant lawsuit is dismissed as it is unlawful since there is no disposition subject to revocation.

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