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(영문) 서울행정법원 2016.11.15 2016구합4270
기타(농지원부발급.기각판결취소등)
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. The Plaintiff, as to the legitimacy of the instant lawsuit, filed a claim against Defendant racing market with the purport that “the Plaintiff issues the farmland ledger to the Plaintiff, and each registration of ownership transfer with respect to the instant land,” and that “the Daegu District Court Decision 2015Guhap1313 decided April 27, 2016,” and that “the Defendant Republic of Korea revokes the dismissal of the instant case against the Plaintiff.”

(1) As to the cause of the claim, the Plaintiff merely referred to only the contents that “the state of having been sentenced to imprisonment for a crime without prison labor, and there is no other method except for the method of examination if the Plaintiff cancels the resident registration,” in the complaint, and did not state the contents that correspond to the purport of the claim. Although the court issued an order of correction on July 18, 2016 to correct the purport of the administrative litigation and the cause of the claim in conformity with the indication of the cause of the claim, the Plaintiff merely refers to the following: (a) the Plaintiff acquired by prescription by openly occupying the instant land for twenty (20) years; (b) the Plaintiff was issued a farmland ledger from the Defendant racing market; or (c) the said Defendant’s packaging of the river and thereby the Plaintiff cannot express the appropriate cause of the claim in support of the purport of the claim; (d) the issue of whether the instant administrative litigation is unlawful by an administrative agency’s revocation or alteration of the disposition, such as an administrative agency’s revocation of action or revocation of action.”

In addition to the form of such a lawsuit, the administrative agency orders the performance of its duty of commission.

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