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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
On Aug. 23, 2003, the Plaintiff asserted that the administrator of the Taecheon Agricultural Cooperatives filed an application for extension of the repayment of the Agricultural Management Improvement Fund (hereinafter “instant decision”) with the Plaintiff on Aug. 23, 2003, and sought confirmation of invalidity of the instant decision. In addition, the Plaintiff sought confirmation as to “The instant decision has proximate causal relation with the bankruptcy crime committed by the administrator of the Taecheon Agricultural Cooperatives, and the ruling on administrative appeal on March 25, 2008 of the instant decision has proximate causal relation with the Defendant’s omission.”
However, in relation to the plaintiff's primary claim, even if following the plaintiff's argument, the decision of this case was made by the administrator of Taecheon Agricultural Cooperative, not the defendant, so the defendant is not entitled to be the defendant in the lawsuit seeking confirmation of nullity of the decision of this case. Thus, this court ordered the plaintiff as of December 23, 2014 to correct the defendant as a person eligible to be the defendant or to revise the purport of the claim, but the plaintiff did not make any correction.
On the other hand, the plaintiff's conjunctive claim is merely seeking confirmation of facts, and there is no interest in confirmation.
(See Supreme Court Decision 92Da23872 delivered on December 8, 1992. Thus, since the lawsuit of this case is unlawful and cannot be corrected, it is so decided as per Disposition by deciding to dismiss it without holding any pleadings pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act.