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1. The action against the plaintiff as added by this court shall be dismissed.
2. The plaintiff's appeal is dismissed.
Reasons
1. The reason why this part of the basic facts is used by the court is as follows: (a) the reason why the first instance judgment was based on the second sentence to “ August 4, 2016” to “ August 5, 2016” is the same as that of the first instance judgment; and (b) accordingly, this part is cited pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act
2. Judgment on the main claim
A. The Defendant’s primary claim against the Defendant’s main claim is seeking the revocation of a management and disposition plan authorized by the Suwon market on August 2, 2017, and the Plaintiff submitted an application for modification of the purport of the claim and the cause of the claim on August 16, 2019, and sought the revocation of the above management and disposition plan. As such, the Plaintiff’s primary claim part of the lawsuit is unlawful because it did not comply with the period of filing a lawsuit as stipulated under Article 20 of the
B. Determination 1) A lawsuit seeking revocation shall be filed within 90 days from the date on which a disposition, etc. is known, and shall not be filed after one year from the date on which the disposition, etc. is taken (Article 20(1) and (2) of the Administrative Litigation Act). In a case where the amendment of the purport of the claim is made and the new lawsuit is changed to be filed, compliance with the period for filing a lawsuit against a new lawsuit shall, in principle, be based on the time when the lawsuit is modified (see Supreme Court Decision 2004Du7023, Nov. 25, 2004). In addition, when a claim for a new lawsuit is added, it appears that a new lawsuit is filed at the time when the additional purport of the claim is added. Accordingly, compliance with the period for filing a lawsuit against the added purport of the claim shall be determined based on the time when an application for the amendment of the claim is filed (see Supreme Court Decision 2016Du48737, Nov. 15, 2018).