1. Revocation of a judgment of the first instance;

2. All of the instant lawsuits are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Details of the disposition

On May 22, 2014, pursuant to Article 9(1) of the Act on Public-Private Partnerships in Infrastructure, the Plaintiff submitted to the Defendant a project proposal (hereinafter referred to as “instant project proposal”) proposing to implement the new project ‘B’ on the Seoul-Seoul-Seoul Highway (Seoul-Seoul Highway; hereinafter referred to as the “instant Highway”) by means of private investment.

On June 19, 2014, the Defendant returned the Plaintiff’s instant project proposal on the ground that “the instant expressway construction project was not decided at the present point of time on the method and timing of its promotion.”

(hereinafter “Disposition on Return of this case.” On September 13, 2014, the Plaintiff appealed and filed an appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said appeal on June 9, 2015.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and 3 (including the provisional number), and the entire purport of the pleadings, as to the main claim of judgment as to the legitimacy of the lawsuit in this case, the defendant determined on November 19, 2015 the policies concerning the methods, timing, financing methods, etc. of promoting the new project of the Seoul-Seoul-Seoul-Seoul-Song Highway on the ground of this case. After the commencement by the Korea Highway Corporation, the Seoul-Seong-Seng Highway will recruit private investors before completion and convert it into the private investment project. Since it is impossible to promote the highway in this case as a private proposal project even after the revocation of the rejection disposition, there is no interest in the lawsuit seeking the revocation of the rejection disposition in this case.

Judgment

In a lawsuit seeking confirmation of invalidity or revocation of an administrative disposition, even if the judgment of nullification or revocation is obtained due to the illegality of the administrative disposition, it is impossible to restore the state of illegality caused by the disposition to its original state.