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(영문) 서울고등법원 2017.03.24 2016누67761
생활대책대상자거부처분취소등
Text

The judgment of the first instance shall be revoked.

As of December 7, 2016, the defendant rejected the designation of subjects of livelihood countermeasures against the plaintiffs.

Reasons

1. Object of adjudication of this Court;

A. According to the records of recognition, the following facts are recognized:

1) In filing the instant lawsuit on January 21, 2016, the Plaintiffs stated in the complaint that “the Defendant’s rejection disposition against the designation of a person subject to livelihood countermeasures against the Plaintiffs as of December 7, 2016 shall be revoked.” 2) The Defendant stated in the complaint that “the disposition as of December 7, 2016,” as stated in the complaint’s complaint, does not constitute an administrative disposition subject to appeal litigation, through the written response of March 2, 2016. The Plaintiffs stated that “the status of the person subject to livelihood countermeasures against the Plaintiffs shall be confirmed.”

3) On June 2, 2016, at the first day of pleading of the first instance court, which was held on June 2, 2016, the Plaintiffs stated the above complaint and an application for modification of the purport and cause of the claim as of March 21, 2016, and the first instance court recommended their representatives to specify the purport of the claim. 4) The Plaintiffs stated that “The Plaintiffs shall confirm the status of the person subject to livelihood measures in the H-Housing District, implemented by the Defendant against the Plaintiff,” as stated in the purport of the amendment when submitting the application for modification of the purport of the claim as of June 9,

5) On June 23, 2016, at the second date for pleading opened on June 23, 2016, the Plaintiffs stated an application for amendment of the purport of the claim as of June 9, 2016, and the pleadings were concluded on the same day. 6) The first instance court rendered a judgment of the first instance on September 1, 2016 and dismissed the instant lawsuit on the ground that, without determining whether to grant a separate permission for each amendment of the purport of the claim as of March 21, 2012 and June 9, 2016, without determining whether to grant a separate permission for each amendment of the purport of the claim as of June 9, 2016.

7 In filing an appeal against the plaintiffs, the plaintiffs' purport of the claim on October 25, 2016 as stated in the original complaint shall be revoked as of December 7, 2016.

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