1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the court's explanation of this case is the same as that of the judgment of the court of first instance, and thus, it can be cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. In conclusion, the lawsuit of this case is unlawful and thus it is clear that it cannot be corrected as it is. Thus, the judgment of the court of first instance is just as the conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

[2] Article 8(2) of the Administrative Litigation Act provides that the provisions of the Civil Procedure Act shall apply mutatis mutandis to matters not specifically provided for in the Administrative Litigation Act with respect to the administrative litigation. Article 219 of the Civil Procedure Act provides that "if an action is unlawful and its defects cannot be corrected, the lawsuit may be dismissed by judgment without holding any pleadings." This provision is applicable to an appeal without holding any pleadings in Part II, not to "the first instance proceedings" but to the "general provisions" of Part I. Meanwhile, Article 413 of the Civil Procedure Act separate from the above provision provides that "if an appeal cannot be corrected due to a defect in its nature, the appeal may be dismissed by judgment without holding any pleadings." This provision provides that "If an appeal cannot be corrected due to a defect in its nature, the appeal shall be dismissed by the appellate court without holding any pleadings, which shall be subject to separate provisions in consideration of the fact that it shall meet the legal requirements of appeal other than the legal requirements of appeal. Accordingly, the appeal shall be dismissed by the court of first instance without holding any pleadings, and the appeal may be dismissed pursuant to Article 8(2)19 of the Civil Procedure Act.