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(영문) 대법원 2015.11.27 2013다6759
손해배상(기)
Text

The judgment below is reversed, and the case is remanded to the Gwangju High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal on the binding force of the ruling

A. The ruling on the administrative appeal has the effect of binding force on the administrative agency which is the respondent, so if the ruling agency orders the disposition agency to cancel the disposition by deeming that the request for the ruling on the cancellation is well-grounded, the disposition agency should cancel the disposition in accordance with the purport of the ruling. However, even in cases where the ruling becomes final and conclusive, the factual or legal judgment which forms the basis of the disposition becomes final and conclusive, and the parties or the court cannot make arguments or judgments inconsistent with them.

(2) The court below's decision on August 25, 2010 (hereinafter "the second ruling of this case") is final and conclusive, but the facts or legal judgments that form the basis of the permission disposition of this case were final and conclusive, and the parties or the court's claim against the defendant for damages in this case cannot be asserted or judged inconsistent with the plaintiff's claim against the second ruling of this case by asserting that the plaintiff's claim against the defendant for damages in this case is unlawful. The second ruling of this case cannot be asserted or judged as unlawful.

The defendant cannot dispute the illegality of the permission disposition of this case against the plaintiff due to the binding force of the second ruling of this case.

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