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(영문) 청주지방법원 2015.06.25 2015구합290
안마영업취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination on this safety defense

A. With respect to the Plaintiff’s seeking confirmation of the establishment of the massage Force under B of the Defendant’s social welfare foundation, the Defendant did not accept a report on establishment of the massage Force under B of the social welfare foundation, as stated in the purport of the claim, and received a report on establishment of C with respect to the massage Force operated at the same domicile. Thus, the Plaintiff’s claim for confirmation of invalidity does not exist.

B. To this end, the existence of an administrative disposition, which is the object of a lawsuit in an administrative litigation, is a lawful requirement of the lawsuit, and so long as there is no disposition seeking revocation by the plaintiff, the lawsuit shall be dismissed as unlawful (Supreme Court Decision 96Nu6707 delivered on August 26, 1997), and if the purport of the whole pleadings is shown in the evidence Nos. 1 and 2, it is recognized that the defendant accepted the report on establishment of the Mapo-gu, the report of establishment of the Mapo-gu, the social welfare foundation B, and there is no fact that the defendant issued a disposition accepting the report on establishment of the Mapo-gu, the social welfare foundation B.

C. Therefore, the lawsuit of this case is unlawful because there is no disposition that is subject to nullification confirmation, and the defendant's main defense is justified.

2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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