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(영문) 청주지방법원 2016.07.21 2015구합12330
보정명령취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On October 8, 2015, the Plaintiff submitted to the Defendant a written report on development permission, permission, and permission for mountainous district conversion, etc. on the remaining land excluding 2,453 square meters of B forest land (hereinafter “instant land”), among 1,93 square meters of C forest land in Chungcheongnam-si, Chungcheongnam-si, and 1,93 square meters of C forest land, and 27 square meters of D orchard 3,090 square meters of land (hereinafter “instant land”).

B. On October 15, 2015 and November 23, 2015, the Defendant demanded the Plaintiff to submit a written request for supplementation or correction of each civil petition documents for the instant land, etc. The Defendant requested the Plaintiff to submit a written request for supplementation or correction of the land use. The Plaintiff implemented only supplementation of the remaining matters except submission of a written consent for the instant land use.

C. Accordingly, on December 7, 2015, the Defendant demanded again the Plaintiff to supplement documents to prove ownership of the instant land. Nevertheless, the Plaintiff failed to supplement the said matters, and the Defendant, on December 22, 2015, again, requested the Plaintiff to supplement the same contents (hereinafter “instant request for supplement”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 3 (including virtual number), the purport of the whole pleadings

2. Examination of the legitimacy of the instant lawsuit ex officio, and an administrative disposition subject to appeal under the Administrative Litigation Act is limited to an administrative disposition directly and legally affecting the rights and duties of citizens among dispositions by an administrative agency as an exercise of public authority. Thus, a disposition that does not directly cause legal change to the rights and duties of the other party or the person concerned does not constitute such disposition. The instant request for supplementation of the instant case for which the Plaintiff seeks revocation is made is an act of giving the Plaintiff an opportunity to supplement and correct the said report prior to the receipt of the building report.

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