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(영문) 대구지방법원 2014.11.28 2014구합1767
토지대장경정및 등기말소촉탁
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

With respect to the legitimacy of the instant lawsuit ex officio, a lawsuit seeking a judgment of performance ordering an administrative agency to take a certain administrative disposition under the Administrative Litigation Act, or a lawsuit seeking a judgment seeking a formative judgment having the administrative agency directly conduct an administrative disposition having the same effect as having taken a certain administrative disposition is not allowed (see, e.g., Supreme Court Decision 97Nu3200, Sept. 30, 1997). The instant lawsuit seeking a correction of land cadastre and a request for the cancellation of registration for preservation and transfer of the instant land against the Defendant constitutes a performance suit seeking a judgment of performance, which orders the Defendant, an administrative agency, to actively perform a certain act, and is unlawful.

If so, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.

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