부동산실명법위반 행정처분
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Under the current Administrative Litigation Act, a lawsuit seeking a performance judgment ordering an administrative agency to take a certain administrative disposition, or a lawsuit seeking a formation judgment seeking a court to directly conduct an administrative disposition having the same effect as that of an administrative agency taking a certain administrative disposition is not allowed.
(see, e.g., Supreme Court Decision 97Nu3200, Sept. 30, 1997). The Plaintiff’s claim to state the purport of the claim is unlawful as it constitutes a performance suit not permitted under the current law.
Therefore, we decide to dismiss the instant lawsuit and decide as per Disposition.