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(영문) 서울고등법원(춘천) 2015.12.23 2015누1071
시유재산 원상복구 반환촉구 처분 취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

The reason why our court's explanation about this case is the same as that of the part of the judgment of the court of first instance. Thus, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The lawsuit of this case is unlawful, and there is no way to correct the defects.

(2) On December 10, 2014, the Plaintiff submitted an application for modification of the purport of the claim and the cause of the claim to the effect that the Defendant changed the purport of the claim of the lawsuit of this case to the Plaintiff to seek cancellation of the disposition for restoration of the current property to its original state, which was made against the Plaintiff on November 23, 2015. However, upon ex officio examination, the Defendant’s disposal of the request for restoration of the current property to the Plaintiff on December 10, 2014 reaches the Plaintiff himself/herself on December 12, 2014. Thus, it is obvious that the Plaintiff’s alteration of the exchange of the lawsuit on November 23, 2015, which was more than ninety (90) days after the Plaintiff’s filing of the lawsuit of this case, is clearly illegal, and thus, it is not clear that the Plaintiff’s appeal against the judgment of the appellate court is dismissed under Article 8(2) of the Administrative Litigation Act and Article 263 of the Civil Procedure Act (Article 263 of the Civil Procedure Act).

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