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(영문) 서울고등법원 2017.07.14 2016누80795
이주대책대상자제외처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for adding a judgment to this court as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The plaintiff of this court's additional decision in this court stated as the ground for appeal that "(1) the plaintiff's first objection is different from the first application for supply of the housing site for migrants, and attaching specific explanatory materials, such as electricity receipts, property tax ledgers, and certificate of registry, etc., so it shall be deemed as a new application. ② The first notification is based on the reasons that the plaintiff did not meet the "requirements for Ownership of House" and it is stated that the notification can be asserted as an administrative appeal or administrative litigation by the plaintiff on the ground that the plaintiff did not meet the "requirements for Ownership of House" without any particular reasons, and it shall be deemed as an independent rejection disposition. ③ The second objection is accompanied by more specific explanatory materials such as general building ledgers, aerial photography, etc., as the second objection is accompanied by the first objection and the reasons for the second objection, it shall be deemed as a new application, and ④ The second notification replys to the same purport as the previous first notification without any actual judgment on the second objection, so it shall also be deemed as an independent rejection disposition."

The above assertion made by the Plaintiff in this court is disputing the legal nature of the first and second notifications as in the first instance trial, and it is difficult to view the first and second objections as a new application distinct from the initial application solely on the grounds alleged by the Plaintiff. [In particular, the first objection was filed on March 19, 2015, which was presented by the Defendant while notifying the Plaintiff of the non-disqualification decision (in March 20, 2015, which was within the time limit of March 20, 2015, and the first objection was filed.

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