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1. All of the plaintiffs' lawsuits against the defendant are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of the disposition;
A. The Plaintiffs requested the head of the Yeongdeungpo-gu National Land Management Office to conduct an advance ruling on the permission to occupy and use a road and to connect real estate stated in the separate sheet for the purpose of entering and departing from the Haak-gun, Hawon, Hawon, and Native Facilities.
B. On June 8, 2016, the head of the Jinyoung National Land Management Office sent a reply to the Plaintiffs stating that “The applicant constitutes a prohibited section of connecting roads with other facilities, as it falls under the intersection of Article 6 subparag. 3 of the Regulations on Connection of Roads and Other Facilities, so it is known that the applicant is an inferior area.”
(hereinafter “instant reply”). [Grounds for recognition] The fact that there is no dispute, entry of evidence No. 1, and the purport of the whole pleadings.
2. We examine the legitimacy of the instant lawsuit ex officio. The Plaintiffs’ claim for prior review is based on Article 30(1) of the Act on the Processing of Civil Petitions. This is established to ensure predictability of civil petition administration by allowing a large-scale economic cost to be provided with the public opinion of the administrative agency in advance through a simple procedure. Thus, even if an administrative agency notifies the impossibility of the prior review result, the administrative agency can process civil petitions, and even if an administrative agency notifies that it is impossible, it does not directly affect the civil petitioner’s rights and obligations (see Supreme Court Decision 2013Du7834, Apr. 24, 2014). Thus, the response to the Plaintiffs’ claim for prior review cannot be deemed an administrative disposition subject to appeal litigation.
In addition, according to Article 52 of the Road Act and Article 6 of the Rules on Connections between Roads and Other Facilities, the part for which the plaintiffs seek permission to occupy and use roads is included in the prohibited section of the connection permission by intersection, and the vehicle entering the national road if the roads are connected by including the end of speed roads in the road improvement plan.