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(영문) 춘천지방법원 강릉지원 2018.07.12 2017구합290
실시계획인가 취소처분 취소청구
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. We examine ex officio the lawfulness of the instant lawsuit.

2. A disposition of rejection that is the object of the civil petition filing under the Civil Petitions Treatment Act may be filed by an administrative appeal or administrative litigation, regardless of the filing of a civil petition, and the filing of a civil petition is one of the basic matters recognized by the above Acts, which differs in nature from the administrative appeal under the Administrative Appeals Act, and cannot be called a special or special procedure on the administrative appeal under the Administrative Appeals Act for the purpose of considering the expertise and peculiarity of the case, and thus, the special case of the filing period cannot be applied. Thus, the filing period of the administrative appeal or the filing period of the revocation lawsuit cannot be counted from the date the result of the filing of the civil petition is notified.

(see, e.g., Supreme Court Decision 2010Du8676, Nov. 15, 2012). In addition, when the method of immediately filing a revocation suit against a disposition is chosen with the knowledge of the existence of an administrative disposition, a revocation suit shall be filed within 90 days from the date the relevant disposition is known; when the method of filing an administrative appeal is selected, a revocation suit shall be filed within 90 days from the date the relevant disposition is known, and a revocation suit shall be filed within 90 days from the date the relevant administrative

Therefore, in a case where a revocation lawsuit is not filed without filing an administrative appeal within 90 days from the date when the disposition became known, the subsequent revocation lawsuit is illegal as the period of filing the lawsuit has expired, and the subsequent revocation lawsuit is filed within 90 days from the date when the judgment on an illegal administrative appeal is rendered within 90 days from the date when the written ruling is served.

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