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(영문) 창원지방법원 2017.04.04 2017구합204
부작위위법확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

As the instant lawsuit, the Plaintiff sought confirmation of illegality of omission against the appeal filed on June 15, 2016 in the Changwon District Court case No. 2016Da8315.

On the other hand, the above case is currently transferred to the Jinwon District Court's Jinju branch and appears to have been pending in the litigation under the Changwon District Court's Jinju branch 2017da31155. The judgment, etc. conducted by the court is one of the judicial actions conducted by the court, and it is not allowed to seek confirmation of illegality of omission against the defendant since it falls under the disposition, etc. conducted by the administrative agency

Therefore, the lawsuit of this case is unlawful and its defects cannot be corrected.

Therefore, pursuant to Article 8 (2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act, the lawsuit of this case shall be dismissed without oral proceedings and it is so decided as per Disposition.

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