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인천지방법원 2018.08.30 2018구합50912
어린이집 인가처분 적법.유효 확인의 소
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1. The instant lawsuit shall be dismissed.

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

Reasons

1. On December 11, 2007, the Plaintiff was operating a child-care center with the authorization from the Defendant on the establishment of the child-care center. On April 9, 2012, the Plaintiff was authorized to change the child-care center from the Defendant on the ground of new construction of the child-care center C (hereinafter “child-care center”).

On May 25, 2016, the Plaintiff applied for the designation of the instant childcare center to the Mayor of Incheon Metropolitan City as a public childcare center, and the Mayor of Incheon Metropolitan City excluded the instant childcare center from the subject of the designation of public childcare center on the ground that the instant childcare center failed to meet the standards for emergency prevention facilities.

[Ground of recognition] Evidence Nos. 1, 3, Eul No. 6, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The Plaintiff asserted that the instant authorization disposition was legitimate and valid for the instant child-care center to ensure that the instant child-care center satisfied the standards for emergency prevention facilities, and that the instant child-care center was excluded from the subject of the designation of public child-care centers or the conversion of national or public child-care centers on the ground that the instant child-care center failed to meet the standards for emergency prevention facilities.

The defendant asserts that even if the approval disposition of this case remains valid at present and the plaintiff is confirmed to have the validity of the approval disposition of this case, since there is no change in the plaintiff's legal status, the lawsuit of this case has no interest in confirmation

B. An action for confirmation of judgment is permissible in cases where there is a benefit to immediately determine the current rights or legal relations between the parties to the dispute, barring any special circumstance, and the Plaintiff’s legal status is unstable.