확인서발급신청서 승인 취소 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Although the Plaintiff’s summary of the Plaintiff’s assertion did not have purchased each real estate indicated in the separate sheet No. B, the Defendant obtained a false confirmation document from the Defendant under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “the Plaintiff’s registration of ownership transfer on the basis of this “approval for Application for Issuance of Certificates”), and accordingly, the Defendant, who is an administrative agency, sought a judgment identical to the purport of the claim as administrative
2. Administrative litigation under the Administrative Litigation Act, which stipulates the grounds for the issuance of a written confirmation, the application, the invalidation of approval, and the transfer of ownership, shall be classified into an appeal litigation, party litigation, civil suit, and agency litigation. Of these, an appeal litigation is classified into a revocation litigation for cancellation or modification of an administrative agency’s illegal disposition, a litigation for confirmation such as invalidation, etc. which confirms the validity or existence of an administrative agency’s illegal disposition, and a litigation for confirmation of illegality of omission, which confirms that an administrative
The plaintiff's claim seeking the transfer of ownership to the plaintiff et al. by nullifying the approval of the application for the issuance of the certificate and clarifying the grounds for the transfer of ownership is not allowed under the current Administrative Litigation Act, because it does not fall under any of the above types
Therefore, this part of the instant lawsuit’s claim is unlawful.
3. The Plaintiff’s portion of the monetary payment claim is combined with the above claim under paragraph (2) above, and also claims for compensation for civil damages or return of unjust enrichment arising from the Defendant’s approval for the issuance of the confirmation document.
Since the consolidation of related claims under Article 10 of the Administrative Litigation Act requires that the original revocation lawsuit be lawful, if the original revocation lawsuit is dismissed on the ground that it is unlawful, the joined claims shall also be dismissed as they fail to satisfy the requirements for the lawsuit.