Main Issues

Disposal and Administrative Litigation concerning buildings which are miscellaneous property;

Summary of Judgment

An act of a subject of administrative authority on an equal basis with a private person, such as the absence of State property, shall not be subject to administrative litigation because it does not belong to administrative acts.

[Reference Provisions]

Article 4 (3) 2 of the State Property Act

Plaintiff-Appellee

Kim Jong-sub

Defendant-Appellant

Minister of Finance and Economy

Judgment of the lower court

Seoul High Court Decision 56Da212 delivered on April 18, 1957

Reasons

In contrast to an act conducted by the state or administrative authority on an equal basis with the private person, even if there are many restrictions on the government-demanded government contracts, etc. for the purchase of state-owned property, their essence is a juristic act under private law and does not belong to the concept of administrative act, and thus, the act is not subject to administrative litigation, and litigation on this issue belongs to civil litigation. According to the purport of the party's argument, it is clear that the building belongs to miscellaneous property as state-owned property. Thus, the lease contract with the plaintiff with the Minister of Social Affairs and the government authority for this case is concluded by the Minister of Social Affairs and the government agency as state-owned property on an equal basis with the plaintiff, and the lease contract with the plaintiff is not an administrative act but a legal act under private law and the cancellation of the preferential purchase right granted or granted by the Minister of Social Affairs to the plaintiff is also an act under private law. Thus, even if there is an objection against the cancellation of the plaintiff's preferential purchase right, it cannot be claimed for the cancellation of the disposition by an administrative litigation