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서울행정법원 2019.06.21 2018구합7570
귀화불허가처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On June 2, 2015, the Plaintiff filed an application for naturalization with the Defendant on the ground that he/she had failed to pass the written examination on January 5, 2018 (hereinafter “instant disposition”). However, on the ground that on January 5, 2018, the Defendant rejected (hereinafter “instant disposition”).

On January 15, 2018, the Plaintiff received the instant disposition.

[Ground of recognition] A without dispute, entry of Gap evidence No. 4, purport of whole pleadings

2. Since the Defendant’s judgment on the Defendant’s prior defense on the merits of the instant lawsuit is a defense that the period for filing the instant lawsuit is unlawful, it is apparent that the instant lawsuit was filed on December 3, 2018, after the lapse of 90 days from January 15, 2018 when the Plaintiff was served with the written disposition of the instant case.

(A) The plaintiff can apply for naturalization again, and if a disposition of non-permission is received again, the plaintiff can appeal within 90 days from the date of receiving the written disposition against the plaintiff). 3. In conclusion, the lawsuit of this case is unlawful as it is against the time limit for filing the lawsuit of this case. Therefore, it is so decided as per Disposition.

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