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(영문) 부산고등법원 2019.4.26.선고 2019누20044 판결
양도양수신고서반려처분취소
Cases

2019Nu20044 Revocation of revocation of revocation of transfer or acquisition report

Plaintiff Appellant

A Stock Company

Defendant Elives

Busan Regional Maritime Affairs and Fisheries Office

The first instance judgment

Busan District Court Decision 2017Guhap3107 Decided December 6, 2018

Conclusion of Pleadings

April 5, 2019

Imposition of Judgment

April 26, 2019

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 judgment of the first instance shall be revoked. On July 31, 2017, the disposition by the defendant to the plaintiff on July 31, 2017 is revoked.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of this court's decision is as follows, except for the dismissal of the part concerning "from Part 6 to Part 9" in Part 3 of the judgment of the court of first instance, and therefore, it is identical to the part concerning the reasoning of the judgment of the court of first instance. Thus, it is acceptable to accept it as it is in accordance with Article 8 (2) of the Administrative Litigation Act

Parts of pented parts)

“2) On February 21, 2018, C filed a lawsuit against the Defendant seeking the revocation of the above return disposition. However, on September 20, 2018, C received a judgment of dismissal of the appeal in the first instance court (Seoul District Court 2018Guhap20765) and on April 17, 2019, respectively, in the appellate court (Seoul High Court 201823473).

2. Conclusion

Therefore, the lawsuit of this case is unlawful, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

Judges

The presiding judge, Judge Park Jong-hun

Judge Park Sung-sung

Judge Senior Superintendent;

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