1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On July 14, 2009, the Plaintiff filed an administrative litigation against the Chungcheong Mayor seeking confirmation of invalidity of the rejection of the application for a business start-up project plan modification application (Supreme Court Decision 2009Guhap1476 Decided December 24, 2009), and filed an appeal against it, but the appeal was dismissed (Supreme Court Decision 2010Nu55 Decided July 21, 2010), and the final appeal was dismissed (Supreme Court Decision 2010Du17489 Decided November 25, 2010), and the final appeal was dismissed (Supreme Court Decision 2010Du17489 Decided November 25, 2010).

B. The Plaintiff filed a lawsuit for a retrial against the above appellate judgment and the present case for a retrial (Seoul High Court 2014Nu59) continues to exist.

C. On November 3, 2014, the Plaintiff filed a civil petition with the Defendants, such as the purport of the claim.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. Of the instant lawsuit, a lawsuit seeking confirmation of illegality of omission under Article 4 subparag. 3 of the Administrative Litigation Act against the Chief Justice of the Supreme Court of the Republic of Korea is a system for the purpose of the prompt response of an administrative agency and the removal of passive illegal state called omission or non-compliance, by confirming that the omission is illegal if the administrative agency fails to comply with the legal response to an application based on a party’s legal or sound right within a reasonable period of time despite the party’s legal obligation to respond to such passive disposition, such as accepting, rejecting, or rejecting, etc. a request based on the party’s legal or sound right, and thus, if the party does not have any legal or sound right to require an administrative agency to perform any administrative act, the lawsuit seeking confirmation of illegality of omission shall be deemed unlawful.

Supreme Court Decision 92Nu1709 delivered on April 23, 1993