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(영문) 춘천지방법원 2018.05.30 2016가합325
사업자지위무효확인
Text

1. The instant lawsuit shall be dismissed.

2. Of the costs of lawsuit, the part arising between the Plaintiff and the Defendant is the Plaintiff.

Reasons

The Plaintiff filed the instant lawsuit against the Defendant seeking confirmation that the Defendant is not in the project executor’s status according to the instant disposition, on August 19, 2016, by asserting that the G Business Name (Change), the designation of the project executor (Change), and the notification of the authorization of the implementation plan (Change) (hereinafter “instant disposition”) publicly notified as F is unlawful and invalid.

However, the subject who issued the instant disposition is not the Defendant, not the Chuncheon market.

Even if the defendant declares a judgment that he/she is not in the position of a project implementer under the disposition of this case as sought by the plaintiff, the effect of such judgment does not extend to the Chuncheon City Mayor.

If the Chuncheon market does not accept the plaintiff's assertion that the disposition in this case is null and void, the plaintiff has to dispute the validity of the disposition in this case again by filing an administrative litigation against the Chuncheon market.

Ultimately, the instant lawsuit cannot be the most effective and appropriate means to resolve the dispute.

The instant lawsuit is unlawful as there is no benefit in confirmation.

The instant lawsuit is dismissed.

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