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(영문) 서울고등법원 2015.05.13 2014누47091
참여제한처분등취소
Text

1. To dismiss the action of the Plaintiff A University Industry-Academic Cooperation Foundation;

2. The plaintiff B's claim is dismissed.

3. The total cost of the lawsuit.

Reasons

1. Lapse of the judgment of the court of first instance

(a) The following facts are clear in the records:

(1) On September 5, 2013, the Plaintiffs filed a lawsuit against the Korea Institute for Advancement of Technology (hereinafter “Technology”) seeking revocation of the disposition on the restriction on participation as of July 18, 2013 against Plaintiff B and the disposition on the redemption of the project cost as of July 18, 2013 against the Plaintiffs.

(2) On the third date of pleading of the first instance court opened on February 13, 2014, the Plaintiffs’ agent sought the revocation of the disposition on the restriction on participation by the Technology on July 18, 2013 against Plaintiff B and the disposition on the refund of the project cost on September 17, 2013 against Plaintiff Industry-Academic Cooperation Foundation (hereinafter collectively referred to as “instant disposition”). The Plaintiffs’ agent stated that “the instant disposition” was corrected.

(3) On March 20, 2014, the first instance court rendered a judgment citing all the claims of the Plaintiffs, and the Technology filed an appeal on April 4, 2014.

(4) On December 1, 2014, this Court permitted the Defendant to rectify the Defendant as “Korea Institute for Advancement of Technology” from “Korea Institute for Advancement of Technology” to “Korea Institute for Advancement of Technology.”

B. According to the facts acknowledged earlier, the plaintiffs' lawsuit against the Technology is deemed to have been withdrawn in accordance with Article 14(5) of the Administrative Litigation Act.

Therefore, the judgment of the first instance on this issue was invalidated.

2. recognised facts;

A. The plaintiff industry-academic cooperation foundation is a corporation with the purpose of managing industry-academic cooperation related to the Auniversity, and the plaintiff B is C and professor of the Auniversity.

On the other hand, the Technology Advancement Institute is a corporation established pursuant to Article 38 (1) of the Industrial Technology Innovation Promotion Act (hereinafter “Promotion Act”) in order to efficiently and systematically carry out projects to promote industrial technology innovation and to support the development of policies related to industrial technology innovation.

B. The president of the Plaintiff Industry-Academic Cooperation Foundation shall be at the time of July 2006 by the Minister of Trade, Industry and Energy from July 2006.

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