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(영문) 서울고등법원 2017.03.08 2016누67228
부당전적구제 재심 판정 취소청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The grounds for admitting the judgment of the court of first instance, which the plaintiff appealed in the court of first instance asserted in the court of first instance, are not significantly different from the contents of the plaintiff already asserted in the court of first instance, and the facts established and determined in the court of first instance in full view of evidence

Therefore, the reasoning of this court concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the addition of the following judgments, and thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that the transfer of this case is unfair on the ground that the Plaintiff’s transfer of business was made between the Intervenor and E, so it is necessary to consent of the employee to the comprehensive succession of labor relations pursuant to Article 657(1) of the Civil Act.

Even after examining the evidence submitted by the first instance court, it is not sufficient to recognize that the transfer of business claimed by the Plaintiff was made, and there is no other evidence to acknowledge it.

Therefore, the above argument is without merit without further review.

3. Therefore, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition with the assent of all participating Justices.

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