부동산실명법위반 행정처분
1. All of the claims added in the trial of the instant case shall be dismissed.
2. The plaintiff's appeal is dismissed.
3...
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 because it falls under a lawsuit for performance of obligations not permitted under the current law or its purport is not specified.
(1) The Plaintiff did not comply with the order of correction issued on November 14, 2016 by the court of the first instance to specify the purport of the claim and appeal. Thus, the part of the claim added in the trial of the instant case is unlawful and all of the claims are dismissed. The judgment of the first instance on the remainder is justifiable, and the Plaintiff’s appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.