[행정처분취소][집3(2)행,001]
Administrative Litigation and Litigation Period
Any administrative litigation that has been filed for more than three months may not be dismissed as an illegal lawsuit.
Gangnam-gu Attorney Choi Tae-won et al., Counsel for the defendant-appellant-appellee-appellant-appellee-appellant
Minister of Finance and Economy No. 500,000
Seoul High Court Decision 54Do81 delivered on July 31, 1954
We reverse the original judgment.
This case shall be dismissed.
The plaintiff's ground of appeal is that the non-party 4 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 2 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-party 1 company's non-
According to the records, the plaintiff's assertion was leased to the non-party Nadong on September 9, 1953, and the plaintiff filed a petition to seek correction thereof on October 26 of the same year. Thus, the plaintiff can be seen as having known that he was an electrical lease disposition at the latest on the date of filing the petition for exhibition at the latest. Thus, the plaintiff's present lawsuit was filed on May 18, 1954. Accordingly, the plaintiff cannot be dismissed as an illegal lawsuit filed after the lapse of 3 months, which is the period of filing the lawsuit.
The judgment of the court below omitted to decide on the grounds of appeal is reversed, and it is so decided as per Disposition by Article 408 of the Civil Procedure Act.
Justices Kim Byung-o (Presiding Justice)