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(영문) 서울행정법원 2016.09.02 2015구합11370
설치현상변경허가취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The reasons for the disposition, F, and 39 persons filed an application for permission to alter the current state of cultural heritage with respect to “G” for the construction of H facilities in the area of 178,410 square meters in Jindo-gun, Jindo-gun, the neighboring land of which the Plaintiffs reside. The Defendant permitted the alteration of the current state of cultural heritage from December 24, 2014 to December 31, 2015 with the period of permission from December 11, 2014 to December 31, 2015.

(hereinafter “Disposition in this case”). / [Grounds for recognition] The fact that there is no dispute, Gap evidence 1-1 and 2-2, and the purport of the whole pleadings.

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

In light of the following facts and circumstances that are either recognized or known in addition to the purport of the aforementioned facts and the entire pleadings, that is, the period of permission for the instant disposition has expired without being extended during the duration of the instant lawsuit, and that F and 39 persons do not seem to have taken place in the installation of H facilities, etc., the instant disposition became impossible for F, etc. to take part in the alteration of the current state based on the instant disposition as the period of permission expires, and thus, it is difficult to view that the instant disposition has any impact on the rights

Therefore, the instant lawsuit seeking revocation of the instant disposition is unlawful as it is not recognized as a legal interest.

3. The instant lawsuit is dismissed.

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