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(영문) 수원고등법원 2020.11.25 2020누11844
총포(엽총)소지허가취소처분취소
Text

The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. This part of the grounds of the judgment of the court of first instance is the same as that of the relevant part of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence

2. A lawsuit seeking the revocation of an illegal administrative disposition against the legitimacy of a lawsuit is a lawsuit seeking the restoration to the original state by removing an illegal state caused by such an illegal disposition, and the protection and remedy of the rights and interests infringed or interfered with such disposition, and even if such unlawful

If reinstatement is impossible, there is no benefit to seek cancellation.

(See Supreme Court Decision 2006Du18409 Decided April 26, 2007, etc.). In light of the above legal principles, it is reasonable to deem that there is no benefit to seek revocation of the instant disposition, unless the instant hunting gun was already discarded and no longer exists, as seen earlier.

3. As such, the instant lawsuit is unlawful and thus dismissed.

The judgment of the court of first instance is unfair in conclusion, and thus, the judgment of the court of first instance is revoked and the lawsuit of this case is dismissed.

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