1. The instant lawsuit shall be dismissed.

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

1. The part of 474 square meters prior to the Incheon Jung-gu, Incheon, which was owned by the Plaintiff in the process of the instant case was divided into 379 square meters and 379 square meters prior to B as it was incorporated into a public works area. The Incheon Metropolitan City completed the registration of ownership transfer on August 3, 2006 with respect to land C based on a consultation on land for public use.

After that, C's land became a part of 2,051 square meters (1,134 square meters due to this division) of D-road in Jung-gu Incheon Metropolitan City due to the merger on November 2, 2011.

On August 3, 2016, the Plaintiff filed an application with the Defendant for the redemption of the instant portion of land on the ground that: (a) the portion of 257 square meters out of land C acquired through consultation in Incheon Metropolitan City, which was incorporated into a public works area among 1,134 square meters of land in Jung-gu Incheon Metropolitan City (hereinafter “instant portion of land”) was not actually used for public works and was no longer necessary for the discontinuation, alteration, or other reasons.

On May 17, 2017, the Defendant issued a notice of the result of civil petition treatment (hereinafter “instant notice”) with the purport that the redemption of the instant land was impossible due to the Plaintiff’s lack of exercise requirements of the right of repurchase.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The Defendant’s notification of this case’s main defense does not directly affect the Plaintiff’s right, and thus does not constitute an administrative disposition that is subject to appeal litigation.

B. In order for an administrative agency to fall under an administrative disposition that is the object of an appeal litigation, the administrative agency’s rejection of a citizen’s petition must have the right to request the citizen’s action. If an administrative agency does not accept a citizen’s petition without such right, the rejection cannot be deemed to affect the applicant’s right or legal interest, and thus, it shall be subject to an appeal litigation.