부작위위법확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are confirmed: (a) the Plaintiff’s initial complaint confirms that the failure of the Defendant to conduct an inspection of completion of new construction “D” on the ground of Jeju E and F was unlawful; (b) the Plaintiff filed a lawsuit in the form of an action seeking confirmation of illegality of omission; (c) on October 8, 2018, the Plaintiff’s motion for modification of the purport of the claim and the cause of the claim that the Defendant had against the Plaintiff was filed on August 28, 2017; (d) the Defendant’s refusal of receipt of each completion report made on September 15, 2017, and September 29, 2017 is revoked; (d) the Defendant’s failure to conduct an inspection of the new construction of “D” on the ground of Jeju; and (e) the Defendant’s failure to prepare the inspection report pursuant thereto was found to be unlawful; (e) the Plaintiff subsequently changed the purport of the claim into the form of a lawsuit seeking revocation and an action seeking confirmation; and (e) subsequently made the Defendant’s application for modification of the purport of the claim through a new construction report.
(Plaintiff asserts that the lawsuit in this case is a party suit in public law with respect to the form of the final modified lawsuit. 2. Determination as to the legitimacy of the lawsuit in this case
A. Article 3 of the current Administrative Litigation Act divides the type of administrative litigation into an appeal litigation, a party litigation, a civil suit, and an agency litigation. Article 4 of the same Act defines the type of appeal litigation as “a revocation litigation” seeking the revocation or alteration of a disposition, etc. by an administrative agency, “a litigation seeking the revocation or alteration of a disposition, etc. by an administrative agency,” “a litigation seeking confirmation of invalidation, etc.” confirming the validity or existence of a disposition, etc. by an administrative agency, and “a litigation seeking confirmation of illegality of omission” confirming that the omission by an administrative agency is illegal. Meanwhile, “party litigation” is a litigation concerning a legal relationship on the grounds of a disposition, etc. by an administrative agency, and