Main Issues

Whether a traffic road confirmation claim based on factual basis is subject to administrative litigation

Summary of Judgment

Since the defendant's notification of the fact that the land was used as the passage of the plaintiff, etc. for more than 10 years prior to this case's lawsuit, it is different from whether the plaintiff, etc.'s request for confirmation based on such factual relations can be accepted, it is a separate legal relationship or dispute between the plaintiff, etc. and the defendant, and thus, it is unlawful to bring a lawsuit for confirmation as an administrative litigation on the legal relationship under public law.

[Reference Provisions]

Article 1 of the Administrative Litigation Act

Plaintiff

Plaintiff 1 and one other

Defendant

Seoul Special Metropolitan City Mayor

Text

The plaintiff, etc. shall dismiss the litigation of this case.

Purport of claim

The plaintiff et al. confirms that the part of connection between the plaintiff et al. and the plaintiff et al. among the land listed in the attached list is about 15 square meters. The plaintiff et al. seeks judgment that the lawsuit cost shall be borne by the defendants.

Reasons

The plaintiff et al. has been used as a passage for the neighboring residents of the above land including the plaintiff et al. for more than 10 years from 428 square meters in the park site located in Seodaemun-gu Seoul Western-dong 474-1, Seodaemun-gu, Seoul, the plaintiff et al. argued that since the defendant notified the plaintiff et al. on August 30, 1973 that the above 15 square meters will block the passage, the plaintiff et al. filed a lawsuit against the plaintiff et al. to seek confirmation that the above 15 square meters land is a passage road, the plaintiff et al.'s claim for confirmation on the passage road of this case against the defendant of the plaintiff et al. is based on the factual basis that the above 15 square meters land has been used as a passage of the plaintiff et al. for more than 10 years, and it can be accepted as a passage road for the defendant et al. based on such factual basis, the above 15 square meters or more should be used as a legal relationship between the plaintiff et al.