입목등록거부처분취소
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Whether the plaintiff's action against the defendant Namyang market is legitimate
A. Even if the plaintiff's lawsuit against the plaintiff's refusal disposition against the defendant Namyang-ju market against the plaintiff's main defense against the defendant Namyang-ju market is a litigation for revocation or an action for confirmation of illegality of omission, the plaintiff only submitted an application for registration of standing timber with regard to 20.8ha among one parcel of land to the defendant Namyang-ju City Mayor, and there was no submission of the application and accompanying documents as to 26 reference land. Thus, there was no application as a premise for omission, and there was no fact that the defendant Nam-ju market rejected the application for registration of standing timber with regard to 2
In addition, a lawsuit seeking the implementation of administrative dispositions against an administrative agency is not allowed, and an act of registering certain matters in the register of standing timber is intended to serve as data for convenience in the execution of administrative affairs and certification of facts, and it does not create changes in rights due to such registration. Therefore, it is reasonable to view that the rejection disposition, etc. against an application for registration of standing timber is not subject to administrative
Therefore, the plaintiff's lawsuit against the defendant Namyang market is unlawful.
B. 1) With respect to the part concerning the claim for revocation of the disposition of refusal of standing timber, the purport of the claim in a civil lawsuit shall be specified in a way that the contents and scope thereof can be clearly identified. Since whether an objection is specified is an ex officio investigation, where the purport of the claim is not specified, the court shall order the correction ex officio, regardless of the defendant's objection, and shall dismiss the lawsuit if the defendant does not comply with it (see, e.g., Supreme Court Decision 2007Da5069, Oct. 9, 2008). Meanwhile, Article 8(2) of the Administrative Litigation Act provides that the provisions of the Civil Procedure Act shall apply mutatis mutandis to matters that are not specifically provided for in the
When the Plaintiff filed the instant lawsuit, “Defendant” as the purport of the claim.