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(영문) 광주고등법원(전주) 2016.12.05 2016누1351
체육시설업 변경등록처분 취소
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation concerning this part of the grounds for the decision of the court of first instance is the same as that of the corresponding part of the grounds for the decision of the court of first instance. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

2. Determination on this safety defense

A. The court's explanation of this part of the party's assertion is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(b)as shown in Appendix 2 of the relevant statute.

C. 1) Determination 1) Even if a third party, who is not the direct counter party of the relevant administrative disposition, is not a party, if the legal interest protected by the administrative disposition is infringed by the law due to the administrative disposition, it shall be entitled to obtain a decision of the propriety thereof by filing an administrative litigation seeking the cancellation or nullity of the administrative disposition. The term “legal interest” refers to the case where there is an individual, direct and specific interest protected by the relevant laws and regulations and regulations (see, e.g., Supreme Court en banc Decision 2006Du330, Mar. 16, 2006).

On the other hand, a shareholder of a corporation has a de facto or indirect interest in an administrative disposition against the corporation, and thus, he/she does not have standing to sue for revocation of the disposition. However, even if the disposition causes a serious impact on the shareholder's status, such as the retirement of shares or extinction of shareholder's rights to the corporation, the corporation cannot be expected to dispute the disposition in light of the nature of the disposition, and if there is no other remedy method for preserving shareholder's status, the shareholder is deemed to have a direct and specific legal interest in the disposition.

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