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(영문) 대전고등법원 2018.05.30 2017누14241
세부시행계획취소
Text

1. The plaintiff's appeal as to the conjunctive claim changed to this court is all dismissed.

2. This.

Reasons

1. The reasons why the court should explain this part of the disposition are the same as the corresponding part of the judgment of the court of first instance (from 2th to 10th 10th eth eth eth eth eth eth eth eth eth eth eth eth eth eth e

2. Determination as to the legitimacy of the instant lawsuit

A. 1) With respect to the Plaintiff’s primary claim seeking confirmation of invalidity of the dispositions Nos. 1 and 2 of this case, the Defendant Mayor asserted that there is no legal interest in dispute over the first and 2 dispositions of this case since the Plaintiff’s individual and specific interests were violated on the ground that the number of D and E distribution within the genetic development restriction zone increased due to the first and second dispositions of this case. Thus, the Plaintiff asserted that there is no legal interest in dispute over the first and second dispositions of this case. 2) Even if a third party is not the other party of the administrative disposition, if the interests protected by law were infringed on by the administrative disposition of this case, the Plaintiff is entitled to obtain a decision of propriety by filing an administrative litigation seeking revocation or invalidity

The legal interest refers to a case where there are individual, direct and specific interests protected by the relevant laws and regulations, or where there are general and indirect interests common to the general public as a result of the protection of public interests, it cannot be said that there are legally protected interests.

In general, the purpose of the Act, which is the basis of the beneficial administrative disposition such as license, authorization, permission, etc., is to prevent unreasonable management due to excessive competition among the relevant business entities, and the existing business entity, which is conducting business after obtaining prior administrative disposition such as license, authorization, permission, etc. of the same kind from another business entity, has been subject to the same type of beneficial administrative disposition such as license, authorization, permission, etc.

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