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(영문) 인천지방법원 2015.04.30 2014구합2953
단수처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of the instant building who purchased the instant building from the Korea Land Trust Co., Ltd. on December 10, 2013 and completed the registration of ownership transfer following the following date.

B. On April 29, 2014, the Defendant issued the instant disposition to suspend the supply of water on the instant building on the ground that the sum of water supply and sewerage charges for December 2013, February 2014, and March 37, 20765,310 won was in arrears with respect to the water supply of water on the instant building, on the grounds that the instant disposition was rendered to suspend the water supply, on the grounds that the water supply was in arrears with respect to the water pool, rain, or business on the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3 and 6, the purport of the whole pleadings

2. Whether the lawsuit of this case is legitimate or not, the defendant raised after the lapse of the period for filing the lawsuit of this case, and raises a defense as unlawful.

According to Article 20 (1) of the Administrative Litigation Act, a revocation lawsuit shall be instituted within 90 days from the day when the person becomes aware of the disposition, etc.: Provided, That the period when an administrative appeal is filed shall be counted from the day when the original written adjudication is served.

In addition, in light of the purport of the provisions of Articles 28 and 32 of the Administrative Appeals Act and the purpose of the administrative appeal system, an administrative appeal claim is interpreted as a written act which does not require strict form. Thus, if a person whose right or interest has been infringed due to an illegal or unjust administrative disposition submits a written request for cancellation or modification of the disposition, it shall be considered as an administrative appeal claim as provided in Article 18 of the Administrative Litigation Act regardless of the title, form, and institution which submitted it, and if it is possible to correct the defective matters, it shall be dismissed as illegal only when the correction is ordered, and when the correction is impossible or non-compliance with the order of correction is made. Furthermore, since a claimant has no professional legal knowledge and therefore there are

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