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(영문) 서울고등법원 2017.08.16 2017누42134
특례노령연금 수급권 취소처분 등 취소 청구의 소
Text

1. Of the judgment of the court of first instance, the part of the claim for revocation of the recovery of pension amount is revoked, and the plaintiff as to this part.

Reasons

1. The plaintiff sought a judgment against the defendant as stated in the purport of the claim, and the court of first instance dismissed all the plaintiff's claim.

Accordingly, the plaintiff appealed, and the court rejected the plaintiff's appeal before the remand.

The Plaintiff filed an appeal against the entire judgment of this court before remand, and the Supreme Court dismissed the appeal against the revocation claim against the right to receive the special old-age pension. The Plaintiff’s appeal against the revocation claim against the right to receive the special old-age pension was accepted only for the part of the revocation claim against the return of the pension amount and reversed the judgment of this court before remand and remanded to this court. Therefore, the Plaintiff’s claim

Therefore, the subject of this court's judgment after remand is limited to the above reversed and remanded part, i.e. the claim for cancellation of the recovery of pension amount.

2. Where an administrative disposition is revoked as to whether a request for revocation of a claim for the recovery of pension amount is lawful, such disposition shall lose its validity and no longer exists, and a lawsuit seeking revocation against a non-existent administrative disposition shall be unlawful as there is no benefit in lawsuit.

(See Supreme Court Decision 201Du18202 Decided December 13, 2012 (see, e.g., Supreme Court Decision 2012Du18202, Dec. 13, 2012). ex officio, it is recognized that the Defendant revoked the disposition to recover the amount of pension against the Plaintiff and rendered a decision to pay the recovered amount ex officio on June 19, 2017, which was after the closing of the argument in the instant case. As such, the claim for revocation of the ex officio cancelled portion in the instant lawsuit, as

3. As such, the part of the claim for cancellation of the recovery of pension amount in the lawsuit of this case shall be dismissed in an unlawful manner. Accordingly, the corresponding part of the judgment of the court of first instance shall be revoked and the plaintiff's lawsuit against this part shall be dismissed. It is so decided as per Disposition.

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