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(영문) 서울고등법원 2018.4.12. 선고 2017누85148 판결
임원취임승인취소계고처분등취소
Cases

2017Nu85148. Revocation of approval of taking office, guidance and dismissal, etc.

Plaintiff Appellant

A

Defendant Elives

The Minister of Education

The first instance judgment

Seoul Administrative Court Decision 2016Guhap70475 decided November 10, 2017

Conclusion of Pleadings

March 22, 2018

Imposition of Judgment

April 12, 2018

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The part against the plaintiff falling under the order to revoke under the judgment of the first instance shall be revoked.

On July 22, 2016, the Defendant revoked the notification of the disposition as a result of the investigation on the actual status of civil petitions filed against the Plaintiff (the Plaintiff appealed the entire judgment of the first instance court, but withdrawn the appeal on February 12, 2018 on the claim to revoke the approval of taking office.)

Reasons

1. Quotation of the first instance judgment

The reasoning for the court's explanation on this case is as follows: Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act are as follows: (a) except for adding N and "N" to "N" of the content of the disposition request" in No. 3 No. 2 of the judgment of the court of first instance No. 2; and (b) it is identical to the corresponding part of the reasoning of the judgment of the court of first instance (the grounds asserted in this court while appealed by the plaintiff, are not significantly different from the contents alleged in the court of first instance; and even if the evidence presented in the court of first instance is reviewed together with the plaintiff's assertion, the judgment of the court of first instance which dismissed this case's lawsuit of this case on the ground that there is no legal interest to seek revocation of the disposition

2. Conclusion

Therefore, the part of the plaintiff's claim for revocation of the disposition of this case among the lawsuit of this case is unlawful and dismissed, and the judgment of the court of first instance is justified in conclusion, and it is so decided as per Disposition by the plaintiff's appeal.

Judges

The presiding judge, senior senior judge;

Judges Park Jong-young

Judges Lee Jong-hwan

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