국유지 훼손, 소나무 벌채, 형질변경 등 원상복구
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserts that, as the owner C of the adjoining land of this case installed the Manle, drainage pipe, embankment, etc. on the land of this case and changed the form and quality of the land of this case without permission, the Plaintiff would restore the land to its original state.
Therefore, the plaintiff's claim seeking restoration of the land of this case is not permitted under the current Administrative Litigation Act, which is a performance suit that requires an administrative agency to take a certain disposition against the omission of the land of this case.
I would like to say.
(See Supreme Court Decision 94Nu14018 delivered on March 10, 1995. Thus, since the lawsuit of this case is unlawful, it is so decided as per Disposition by the assent of all participating Justices.