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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. Grounds for the court's explanation concerning this case, which is the acceptance of the judgment of the court of first instance
2. D.
through
H. The reasoning of the judgment of the court of first instance is the same as that of the judgment, except as mentioned below 2. Thus, it shall be quoted as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. A disposition agency that rendered an administrative action related to the relevant legal principles (D. 1) may, where there is a defect in the act, revoke it on its own, even without any other legal basis: Provided, That when it cancels a beneficial administrative disposition, it may revoke it only where it has a strong degree to justify the disadvantage of a party to the public interest, such as the necessity of the public interest to revoke it, the right to obtain benefits, the protection of trust and the infringement of stability in legal life, etc.
(See Supreme Court Decision 208Du8628 Decided November 13, 2008, etc.). In this case, the existence of the grounds for disposition 2, as seen above, D, a local office operating clerk of the defendant, upon receiving an application for permission related to the road of this case from the plaintiff, prepared a permit without examining and obtaining approval from the superior and decision-making authority on October 27, 2014, and issued an official seal and a permit for occupation and use and connection with the road of this case with the defendant's official seal affixed to the permit of this case. As such, the permission of this case was made without due authority without due authority and without due authority in the process of decision-making in the administrative decision-making process of the defendant, and therefore, the defendant can be revoked the permission of this case by himself on the grounds of the above defects.
As such, the instant disposition is related to the road of this case issued externally despite the defects as seen above in the Defendant’s internal decision-making process.