1. The instant lawsuit shall be dismissed.

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

1. The plaintiffs asserted that the plaintiffs suffered serious physical and mental damages due to incineration of the chickens voluntarily discarded at the facilities of the Yangyang-gun, which were illegally constructed in the area of the Republic of Korea, which is located in the area of the Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-gun, and were residents living in the village of the Cheongyang-gun, and caused serious mental harm. Thus, the plaintiffs requested the defendant to order the removal of the above Yangyang-gun facilities, which are illegal buildings, but the defendant did not order the removal of the Yangyang-gun

However, as long as illegal mooring facilities inflict damage on the plaintiffs, it is impossible to achieve the administrative purpose by simply imposing a non-performance penalty, it is reasonable to remove them by administrative vicarious execution rather than by voluntary removal. Although the defendant should take administrative measures to remove it, the omission by the defendant who did not issue an order to remove it is illegal and unjust.

2. Article 4 subparag. 3 of the Administrative Litigation Act provides that a lawsuit seeking confirmation of illegality of omission is a lawsuit seeking confirmation of illegality of an administrative agency’s omission, and Article 2(1)2 of the same Act provides that an administrative agency does not take a certain disposition against a party’s request despite the legal obligation of an administrative agency to make a certain disposition within a reasonable period of time. Article 36 of the same Act provides that a lawsuit seeking confirmation of illegality of omission may be brought only by a person who has filed a request for a disposition and who has legal interest in seeking confirmation of illegality of omission. In full view of the above provisions, a lawsuit seeking confirmation of illegality of omission is obligated to respond to the legal response that an administrative agency must take such passive disposition as citing, rejecting, or rejecting a request based on a party’s legal or sound right within a reasonable period of time.