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1. The lawsuit of this case is dismissed in exchange for another court.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion that the building (D hotel; hereinafter "the building of this case") on the ground (D hotel) other than C and 2 lots of land (hereinafter "the building of this case") exists, and each of the unlawful matters of this case, such as attached Table 1, and the plaintiff who was damaged by the building of this case as the owner of adjacent land and building, filed a civil petition with the defendant to the effect that the plaintiff who was damaged by the building of this case, caused several times to resolve the above unlawful matters, the defendant did not take any corrective measure against each of the unlawful matters of this case.
Accordingly, this defendant's omission seeks to confirm the illegality of the omission.
2. Attached Form 2 of the relevant Acts and subordinate statutes shall be as follows;
3. A lawsuit seeking confirmation of illegality of omission under Article 4 subparag. 3 of the Administrative Litigation Act is designed to remove the passive illegal state of omission or non-compliance by prompt response of an administrative agency, by ascertaining that the omission is illegal if an administrative agency does not have any legal obligation to respond to a request based on a party’s legal or sound right within a reasonable period of time, such as affirmative action citing, rejecting, or rejecting an application based on the party’s legal or sound right but fails to do so.
Such a lawsuit may be instituted only by a person who has filed a petition for a disposition and has legal interest in seeking confirmation of illegality of an omission. Thus, in a case where a party does not have any legal or logical right to request an administrative agency to take any administrative disposition, or there is no legal interest in seeking confirmation of illegality of an omission, there is an illegal omission that is the subject of a lawsuit for a complaint.
A lawsuit for confirmation of illegality of omission is illegal because it is not possible to see the plaintiff or the plaintiff's qualification (see Supreme Court Decision 992 11455 delivered on February 25, 2000, etc.). Legal interest here is legal interest.