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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원고등법원 2019.10.02 2019누11695
가족제사시설신고불가처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's action as added in the trial shall be dismissed.

3...

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the judgment of the court of first instance except for the following 'the judgment on the claims added at the court of first instance'. Thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. We examine, ex officio, whether this part of the lawsuit is legitimate for the plaintiff's claim added in the trial.

Although the plaintiff's assertion is somewhat unclear, this part of the plaintiff's claim is interpreted as an active act against the defendant, i.e., seeking a reasonable repair disposition so that the plaintiff can install an enshrinement facility in the building of this case.

Under the Administrative Litigation Act, a lawsuit seeking a performance judgment ordering an administrative agency to render a certain administrative disposition or a lawsuit seeking a formation judgment ordering an administrative agency to directly conduct an administrative disposition having the same effect as the administrative agency rendered a certain administrative disposition is not allowed (see, e.g., Supreme Court Decision 97Nu3200, Sept. 30, 1997). The Plaintiff’s seeking a reasonable acceptance disposition against the Defendant constitutes a performance suit seeking a performance judgment seeking an active certain act against the Defendant, who is an administrative agency, constitutes an unlawful act.

3. The judgment of the court of first instance is justifiable, and the plaintiff's appeal is dismissed, and the lawsuit of the plaintiff's claim added at the court of first instance is unlawful and thus the lawsuit is dismissed.

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