logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원(청주) 2019.05.15 2018누1566
영업정지처분취소
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning of the judgment by the court is the same as that of the judgment of the court of first instance, and thus, the reasoning of the judgment is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the main defense of this case

A. Since the Defendant’s assertion that the Defendant’s claim against the Plaintiff was revoked, and the Plaintiff’s claim seeking revocation of the disposition was dismissed by Cheongju District Court 2018Guhap2297, the instant disposition ordering the suspension of business for three months should be dismissed as there is no benefit of lawsuit seeking revocation.

B. 1) A lawsuit seeking revocation of an administrative disposition in violation of the relevant legal principles is a lawsuit seeking restoration to the original state by excluding the unlawful state arising from the disposition, and protecting or remedying the rights and interests infringed or obstructed. Thus, even if the disposition is revoked, there is no benefit in the lawsuit seeking revocation (see, e.g., Supreme Court Decisions 95Nu17403, Jan. 24, 1997; 2004Du480, Apr. 28, 2004; 2002Du10940, Nov. 24, 2005); 14; 2.3. The Plaintiff’s claim for revocation of the permission was dismissed on the ground that the Plaintiff’s waste treatment business was a corporation established for the purpose of waste treatment business around February 29, 2011; 2.1.3.

arrow