1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is an owner of Pyeongtaek-si B large-scale 513 square meters (hereinafter “instant land”) and is a person who has a plan to construct housing of 2 underground floors and 15 stories above ground on the ground of the said land (hereinafter “instant building”).

B. On May 11, 1995, the Pyeongtaek-si Council enacted the Ordinance on the Establishment and Management of Pyeongtaek-si Parking Lots (Ordinance No. 107, hereinafter “instant Ordinance”), and the Defendant promulgated it.

C. The Defendant has been operating the establishment and management of the Pyeongtaek-si parking lot in accordance with the contents of the instant Ordinance, which had been amended several times. On November 10, 2015, the Pyeongtaek-si Council amended the instant Ordinance (Ordinance No. 1306), and Article 18(8) of the “Standards for Establishment of Annexed Parking Lots for Buildings” (hereinafter “instant Ordinance”). The Defendant promulgated it as follows.

(8) Notwithstanding paragraphs (6) and (7), an annexed parking lot for the facilities prescribed in subparagraph 5 of attached Table 3, such as multi-family housing, or the annexed parking lot for a complex building containing the purposes of use of such facilities, such as multi-family housing, in order to protect the peaceful residential environment of residents and to solve the shortage of parking, shall be installed in self-owned stocks that do not use elevators for motor vehicles

(No. 10, 2015)

D. Meanwhile, on August 11, 2015, the Plaintiff filed an application for a simplified rehabilitation procedure (2015 group 1000) with the Suwon District Court (2015 group 1000), received the decision of commencement on September 24, 2015, received the decision of authorization on April 11, 2016, and is currently undergoing the said simplified rehabilitation procedure.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 9, and the purport of the whole pleadings

2. Judgment on the Defendant’s defense prior to the merits

A. The Defendant’s assertion provision of this case does not directly affect the Plaintiff’s legal rights or interests, and thus cannot be subject to an appeal litigation. Thus, the instant lawsuit is unlawful.

(b) Determination (1) generally;