(영문) 서울고등법원 2014.10.30 2014누49493

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2014.10.30 2014누49493

개별공시지가결정 무효 확인 등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance, except for the cases where part of the judgment is changed as stated in the following Paragraph (2). Thus, it shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a)The following shall be added between the sixth and sixth deeds of the first instance court:

【Administrative litigation that claims the invalidation of an administrative disposition as a matter of course and seeks confirmation of the invalidation thereof, is liable to prove that the administrative disposition is invalid to the Plaintiff (see, e.g., Supreme Court Decision 2009Du3460, May 13, 2010).

B. The third part of the seventh part of the judgment of the court of first instance stating “No serious defect shall be deemed to exist.” It shall be deemed that there is a serious defect (see, e.g., Supreme Court Decision 95Nu450, Jun. 28, 1996).

(c)the following shall be added between conduct 18 and 19 of the first instance judgment:

【The provision of Article 27(5) of the Administrative Appeals Act that Article 27(5) of the Administrative Appeals Act provides that a request for an administrative appeal shall be deemed to have been filed within a deadline for requesting an administrative appeal provided for in the Administrative Appeals Act, if any, within a period of time mistakenly notified by the administrative agency of such error (see, e.g., Supreme Court Decision 200Du6916, May 8, 2001).

D. The part of the 8th judgment of the court of first instance stating that “The 90-day period of filing a lawsuit is applied, regardless of the above legal principles,” in the 2-3th judgment of the court of first instance, “The 90-day period of filing a lawsuit is applied to this case, an administrative litigation in accordance with the above legal principles.

(e) The following are between the 8th sentence and the 5th sentence:

참조조문

참조판례

-대법원 2001. 5. 8. 선고 2000두6916 판결

-대법원 2010. 5. 13. 선고 2009두3460 판결

유사 판례

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