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(영문) 서울고등법원 2020.10.30 2019누61863
용도폐지처분 취소
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 first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for partial revision as follows. Thus, this is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

[Revision] The third 20th 20 pages shall include the following:

The following are added to the fourth 16th 16th 16th 199 “The requirements for the filing of a lawsuit are likewise applicable in cases where a third party whose interest to be legally protected is infringed, as well as in cases where the other party to an administrative disposition files a lawsuit (see Supreme Court Decision 90Nu6521, Jun. 28, 191, etc.):

“The Plaintiff’s instant disposition is an administrative disposition that is the other party to the instant disposition, and the period of filing the instant disposition is not in progress because it is not notified to the Plaintiff, or the Plaintiff is entitled to file an administrative appeal within 180 days pursuant to Article 27(6) and (3) of the Administrative Appeals Act because the period of filing an administrative appeal is not

However, since the disposition of this case discontinued the use of administrative property, it is not an administrative disposition with the other party, but an unspecified number of parties, and thus, it cannot be deemed that the period for filing an administrative appeal does not proceed separately on the ground that the plaintiff was not separately notified. In addition, Article 27(6) and (3) of the Administrative Appeals Act provides that the plaintiff may file an administrative appeal within 180 days in the event that the plaintiff is not notified of the period for filing an administrative appeal even though the period for filing an administrative appeal should be notified. Since the disposition of this case is a large-scale general disposition as mentioned above, unless there is any reason to separately notify the plaintiff of the period for filing an administrative appeal, it cannot be deemed that the plaintiff may file an administrative appeal within 1

The plaintiff's assertion is correct.

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