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(영문) 부산고등법원 2018.01.17 2017누20248
위탁취소처분 취소 등
Text

1. Of the judgment of the court of first instance, the Defendant’s disposition against the Plaintiff as indicated in the [Attachment 1] Nos. 27 as of March 14, 2016, and April 15, 2016.

Reasons

1. In the first instance trial, the Plaintiff sought the revocation of the instant judgment against the Plaintiff’s respective dispositions listed in attached Table 1 Nos. 2, 5 through 11, 14 through 20, 23, and 25 through 29, and the C Child Care Center’s revocation on April 15, 2016, and the Plaintiff’s respective dispositions listed in attached Table 1 Nos. 6, 11, 14, 23, 27, and 29, among the respective dispositions listed in attached Table 1 No. 6, 11, 14, 27, and 29, and the part of C Child Care Center revocation on April 16, 201, and the remaining claims were dismissed.

Accordingly, the Defendant appealed against the “wholly in part against the Defendant”. In the trial of the first instance, the Plaintiff voluntarily withdrawn the claim as to the “part on the ground of violation” among the respective dispositions in attached Table 6, 11, 14, 23, and 29 among the parts for which the claim was accepted in the first instance trial and the disposition in attached Table 9 No. 9.

As a result, the entire portion of the claim that remains without being withdrawn from the trial at the trial at the trial, and the part of the disposition of cancellation of the entrustment of the C Child Care Center and the attached Table 1 No. 27 among the part for which the claim was accepted in the trial at the court of first instance. The scope of the trial at this court is limited to the part for the “the part for which the claim was accepted in the court of first instance” and “the part for the disposition of cancellation of the entrustment of C Child Care Center and the attached Table 1

2. The reasoning for this part of the premise facts is the same as the part of the judgment of the court of first instance, and thus, they are cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

3. A lawsuit seeking the revocation of an illegal administrative disposition regarding the legitimacy of a claim for the revocation of the entrustment of a C Child Care Center is a lawsuit seeking the restoration to the original state and protection and relief of the rights and interests infringed or interfered with, by excluding any unlawful state arising from such disposition.

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