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(영문) 서울행정법원 2020.07.03 2019재구합1023
이사취임승인신청 반려처분 취소
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

Reasons

The following facts are either a dispute between the parties or a substantial fact in this Court:

On October 2, 2013, an attorney B filed a lawsuit seeking the revocation of a return application for the appointment of director with the Plaintiff (the Plaintiff, hereinafter “Plaintiff”), D, and E on behalf of the Plaintiff (the Plaintiff, hereinafter “Plaintiff”) and the Defendant (the Defendant for review; hereinafter “Defendant”) on behalf of the Defendant (the Defendant), but was corrected as “the Republic of Korea” according to the decision of the Party on October 16, 2013. A filed a lawsuit seeking the revocation of a return application for the appointment of director with the Plaintiff, D, and E.

(hereinafter referred to as "the lawsuit on the merits of this case" among the above lawsuits. On July 11, 2014, the Seoul Administrative Court rendered a decision to dismiss all claims of the plaintiff, D, and E (the judgment on review).

On July 15, 2014, the original copy of the above judgment was served on Attorney B.

Attorneys B submitted a petition of appeal on July 22, 2014 on behalf of the plaintiff, D, and E, and the lawsuit in this case was continued to be the Seoul High Court F.

On August 5, 2014, the mandate of the lawsuit was submitted to the Seoul High Court (Seoul High Court) that “Plaintiff, D, and E delegate the above Seoul High Court F Litigation Agency to law firms G.”

On August 12, 2014, G submitted a written withdrawal to the Seoul High Court that “the withdrawal of the lawsuit on the merits of this case” on behalf of the Plaintiff.

The defendant did not raise any objection within two weeks from the date on which the above written withdrawal of the lawsuit was served.

Plaintiff’s assertion

The plaintiff did not delegate a legal representative to attorneys B or G with respect to the lawsuit on the merits of the case, and there is no other means to confirm a series of litigation procedures, including the filing of the lawsuit.

A lawyer filed an appeal as to the decision subject to a retrial, but the Plaintiff did not delegate his/her agent to B, such filing of an appeal is merely an invalid litigation.

As a result, the judgment subject to a retrial was legally finalized on July 30, 2014, and became final and conclusive.

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