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(영문) 창원지방법원 2016.02.16 2015구합408
형질변경처분무효확인 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

A third party, who is not the direct counter party to an administrative disposition, is entitled to obtain the decision of its propriety by filing an administrative litigation seeking the cancellation of the disposition or the confirmation of nullity thereof, only when the interests protected by law have been infringed by the administrative disposition, and the legal interests at this time refer to the cases where there are direct and specific interests protected by the law based on the basis of the disposition, and it does not constitute cases where it

(See Supreme Court Decision 2007Du10242 Decided July 10, 2008, etc.). Even if all materials submitted by the Plaintiff were examined, given that the Plaintiff’s direct and specific legal interests protected by the law based on the grounds of the disposition stated in the purport of the claim are not recognized to have been infringed upon by the law based on the disposition stated in the purport of the claim, the Plaintiff cannot be deemed to have standing to sue seeking revocation of

(In addition to the above purport of claim, it is unlawful as it constitutes a lawsuit seeking performance of obligations, which is not permitted under the Administrative Litigation Act. Therefore, it is so decided as per Disposition by the assent of all participating Justices.

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