1. The instant lawsuit shall be dismissed.

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

The plaintiff filed a claim against the defendant for the suspension of construction works in an urban development project and the opening of access roads. It is inevitable to regard the defendant, an administrative agency, as a litigation for performance of obligations that orders the defendant to actively perform certain acts.

However, Article 3 of the Administrative Litigation Act, which provides the type of administrative litigation, does not stipulate a performance lawsuit as its type, and it does not recognize a performance lawsuit seeking performance of administrative disposition (see, e.g., Supreme Court Decision 91Nu4126, Feb. 11, 1992). Accordingly, the instant lawsuit is dismissed as it is unlawful since there is no legal basis.