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(영문) 서울고등법원 2019.05.08 2018누44960
자동차의 결함시정에 관한 계획 승인처분 취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal shall include the part resulting from the participation in the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the parts to be filled or added below, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The "this court" shall be added to "the first instance court" in two deeds among the five pages of the judgment of the first instance (hereinafter referred to as "written judgment of the first instance").

7 to 13 parallels shall be 7 to 7 as follows:

Even if a third party is not the other party of an administrative disposition, if the legal interest protected by the administrative disposition is infringed, he/she is entitled to obtain a decision of propriety by filing a revocation suit.

The legal interest here refers to a case where there are individual, direct, and specific interests protected by the relevant laws and regulations and the relevant laws and regulations, and the case where only a person has a factual and economic interest, such as the general, indirect, and abstract interests of the general public as a result of the protection of public interest, does not include this case.

In addition, the legal interest protected by the basis laws and regulations of the pertinent disposition and the relevant laws and regulations is not protected by the law that is protected by the prestigious provisions of the pertinent disposition, but is not protected by the basis laws and regulations of the pertinent disposition, but by the law that is explicitly protected by the ground laws and regulations of the series of phased dispositions in order to achieve the administrative purpose of the pertinent disposition, and even if there is no express provision that protects the pertinent interest in the basis laws and regulations of the pertinent disposition, it is interpreted that the grounds for restricting the administrative agency under the relevant laws and regulations include the purpose of protecting individual, direct, and specific interests that are not pure public interests.

Supreme Court Decision 2003Du2175 Delivered on August 16, 2004

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