[행정처분무효확인][집11(2)행,058]
Standard time to recognize the need for protection of rights
In a case where there is no legal interest, it shall be determined by the standards at the time of the closing of argument.
Kim Jong-be
Daejeon Secretary-General;
Seoul High Court Decision 62Gu349 delivered on June 13, 1963
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
The plaintiff's attorney's ground of appeal that has no legal interest in the lawsuit shall be determined at the time of the closing of argument, and according to the records, it is obvious that the conclusion of the argument in this case is the date of May 2, 1963, and at that time there was no prior promulgation of the Act on Special Measures for the Management of Property Belonging to Lawsuits. Therefore, there was no argument or deliberation as to whether the non-party 1 corporation constitutes a corporation under Article 4 of the Addenda of the Act, and whether there was a legal interest in the interested party's filing of a lawsuit, and as long as the validity of the cancellation of the non-party 1's revocation remains effective, it is reasonable to deem that the original judgment cannot be effective under Article 4 (2) of the Act on Special Measures, as long as the property in this case is owned by a domestic corporation, it cannot be recognized that there was any error of law that the plaintiff dismissed the plaintiff'
All arguments are groundless.
Therefore, according to Article 14 of the Administrative Litigation Act and Article 400 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.
[Judgment of the Supreme Court (Presiding Judge) Na-Jap (Presiding Judge) Dog-Jak and Mag-Jak, the maximum Magman Mag-ri