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1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
the Gu office shall be located.
Reasons
1. Whether the lawsuit of this case is legitimate
A. As to the omission of an administrative agency under the Administrative Litigation Act of the first and second of the purport of the claim, only the litigation seeking the confirmation of illegality of omission is recognized, and the administrative litigation seeking the performance or confirmation of the duty of commission cannot
(See Supreme Court Decision 2001Da15828, 15835, 15842 delivered on February 13, 2004). A claim seeking omission by an administrative agency to prevent the administrative agency from taking a certain measure under the Administrative Litigation Act is an unlawful lawsuit that is not allowed.
(See Supreme Court Decision 2003Du11988 delivered on May 25, 2006). The Plaintiff sought against the Defendants that they should not join or dismiss, respectively, the Plaintiff constitutes a lawsuit seeking performance of a duty or omission by an administrative agency and thus, is not allowed under the Administrative Litigation Act.
Therefore, this part of the claim is unlawful.
B. The consolidation of related claims under paragraph (3) of the purport of the claim and Articles 38 and 10 of the Administrative Litigation Act requires that the original appeal litigation be lawful, so in a case where the original appeal litigation is dismissed in an unlawful manner, the relevant claims joined therein shall also be dismissed to be deemed to be inappropriate to satisfy the requirements of the lawsuit.
(See Supreme Court Decision 2000Du697 delivered on November 27, 2001). Although the grounds for the Plaintiff’s claim are not clearly understood, it appears to be a lawsuit seeking damages due to the Defendants’ act or omission, it constitutes civil procedure.
However, as long as the claim Nos. 1 and 2 against the Defendants is unlawful, this part of the claim against the Defendants is unlawful.
2. In conclusion, since the Plaintiff’s lawsuit against the Defendants is all unlawful and cannot be corrected, it is so decided as per Disposition by the assent of all participating Justices on the bench without holding any pleadings pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act.