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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.