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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. The Plaintiff filed an application with the Defendant for permission to engage in development activities to create a site for solar power generation facilities and install structures on the land B of Gangseo-si.
On May 29, 2018, the Defendant rendered a disposition not to grant the above application (hereinafter “instant disposition”) on grounds of damage to natural scenery and aesthetic view.
B. On June 15, 2018, the Plaintiff filed an objection under Article 35(1) of the Civil Petitions Treatment Act (hereinafter “instant objection”) with the purport to seek the revocation of the instant disposition to the Defendant.
Accordingly, on June 20, 2018, the Defendant sent a reply to the purport that the Plaintiff cannot accept the instant objection.
C. On September 14, 2018, the Plaintiff filed the instant lawsuit seeking the revocation of the instant disposition.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 7, 8, and 9, and the purport of the whole pleadings
2. We examine, ex officio, whether the instant lawsuit is lawful or not, with respect to the determination on the legitimacy of the instant lawsuit.
A revocation lawsuit shall be instituted within 90 days from the date on which the disposition, etc. is known (Article 20(1) of the Administrative Litigation Act), and where a revocation lawsuit has not been filed without filing an administrative appeal within 90 days from the date on which the disposition, etc. is known, the subsequent litigation for revocation is unlawful as it has lapsed.
On the other hand, an administrative appeal or administrative litigation may be filed against the rejection disposition that is the object of the civil petition petition petition filing under the Civil Petitions Treatment Act, regardless of the civil petition filing, and the civil petition filing is one of the basic matters recognized with respect to the civil petition treatment, which is different from the administrative appeal under the Administrative Appeals Act, and the nature of the case differs from the administrative appeal under the Administrative Appeals Act, and the special case or special case for the administrative appeal under the special needs to consider the expertise