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(영문) 서울고등법원 2016.01.13 2014누67989
이행강제금부과처분무효확인청구
Text

1. The judgment of the court of first instance is modified as follows.

On December 26, 2013, the enforcement fine imposed on the Plaintiff on the Plaintiff on December 26, 2012

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is as follows. The reasoning of the judgment of the court of first instance cited this case is as follows: (a) the dismissal or addition of some of the contents of the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, with the exception of deletion of the part of 3. of the judgment of the court of first instance.

2. The part to be removed or added is composed of the following parts: 2 14,15 pages 2 of the judgment of the court of first instance, 14, and 15 pages.

Therefore, since the instant disposition taken on a different premise is unlawful, it shall be sought to verify the invalidation of the disposition imposing a non-performance penalty on September 3, 2012, and seek confirmation of the imposition of a non-performance penalty on December 26, 2013, and seek preliminary confirmation of the invalidation of the disposition imposing a non-performance penalty on December 26, 2013." The title 4th 19th 19th 7th 19th 19th 3th 2012 in the judgment of the court of first instance is "a judgment on the claim for confirmation of the invalidation of the disposition imposing a non-performance penalty on September 3, 2012."

The following shall be added to 6th 7 pages of the first instance judgment:

E. The judgment of December 26, 2013 on the claim for revocation of the disposition imposing enforcement fines as of December 26, 2013 on the disposition imposing enforcement fines as of December 26, 2013 exists, and the Plaintiff filed the instant lawsuit added the primary claim seeking revocation while seeking confirmation of invalidity of the disposition imposing enforcement fines. According to Articles 37, 21(4) and 14(4) of the Administrative Litigation Act, the determination of compliance with the filing period of the revocation claim is based on June 30, 2014, which is the filing date.

(2) If the action has been taken within the due filing period, the action shall be revoked.

Article 20 (1) of the Administrative Litigation Act provides that "a revocation suit shall be instituted within 90 days from the date when the disposition, etc. is known," which is the starting point for the filing period.

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