logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2018.07.19 2017누4221
이행강제금부과처분취소청구
Text

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. The court's explanation concerning this case is a ground for the ruling of the court of first instance, which is the ground for the ruling of the court of first instance.

3.(a)

The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, in addition to those written in the following two paragraphs, and thus, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The part of the previous disposition "A. Whether the violation of the order of remedy in this case is succeeded to the order of this case) where two or more administrative dispositions are continually combined with each other, when one of the preceding dispositions completes the legal effect, the defect if there is a defect in the preceding disposition, and thus, even if it becomes impossible to dispute the validity of the subsequent disposition due to the defect in the preceding disposition. However, if the preceding disposition and the subsequent disposition are made independently for the purpose of legal effect different from each other, the validity of the subsequent disposition cannot be asserted on the ground of the defect in the preceding disposition unless the defect in the preceding disposition are grave and apparent and it is impossible to dispute the validity of the subsequent disposition on the ground of the defect in the preceding disposition. However, even if the preceding disposition and the subsequent disposition are made independently for the purpose of separate effects, the defect in the preceding disposition exceeds the limit of admission to the person who suffers disadvantage due to the defect in the preceding disposition, and if it is difficult to expect that the result of the preceding disposition exceeds the limit of admission to the person who suffers disadvantage due to the defect in the preceding disposition, it is not binding.

arrow