1. The instant lawsuit shall be dismissed.

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

On June 1, 2015, an incorporated association filed an application with the Defendant to dismiss D, E, F, G, or H of a school foundation C’s temporary directors (hereinafter “instant application for dismissal”) with the Defendant on June 1, 2015, may be recognized either as a dispute between the parties or as a whole by considering the purport of the entire pleadings in the statement in subparagraph 2.

As a lawsuit in this case, the plaintiff sought to order the defendant to revoke the refusal to dismiss the application in this case.

The correction submitted by the Plaintiff to this court on July 31, 2015, stated that it is intended to seek confirmation of illegality against the Defendant’s omission against the application for dismissal of school juristic persons B, and that it is intended to amend the purport of the claim stated in the complaint. However, the Plaintiff stated that it did not intend to modify the purport of the claim as above on the first date for pleading, and re-written it on the third date for pleading.

According to the above purport of claim, this case's lawsuit constitutes a lawsuit for performance of obligation, and it is unlawful because it does not fall under any of the types of administrative litigations listed in Article 3 of the Administrative Litigation Act.

(see, e.g., Supreme Court Decision 2001Da15828, Feb. 13, 2004). In addition, even if the Plaintiff acted to seek the revocation of the refusal of entry in the purport of the claim by the instant lawsuit, the Plaintiff is also a person that the Defendant did not actively express his/her intention to refuse the request for dismissal of the instant case. Thus, the refusal of the request for dismissal itself cannot be deemed to exist.

In addition, even if the defendant committed such refusal, if the refusal by an administrative agency against the citizen's application constitutes an administrative disposition subject to appeal litigation, the right to request the administrative agency's action must be the citizen, and such right to request shall be based on the right to request.