[행정처분취소][집9행,015]
Re-examination of the adjudication of petition council on vested property and the filing period of administrative litigation;
In case where the date of each act is superior to that of the administrative agency based on the judgment of the Deliberative Council on Petitions on Property Belonging to Jurisdiction, a petition for review of the Judgment of the Deliberative Council on Appeal is sought to correct that decision, and unless there are special circumstances, it cannot be presumed that the administrative agency was aware of the fact of disposition based on that decision when it has applied for reexamination, unless there is a special reason to the contrary.
Article 11 (proviso) of the Regulations on Petitions for Property Reversion; Article 5 (1) of the Administrative Litigation Act
National Highway Agencies, Inc.
The Director General of the Seoul Metropolitan Government
Kim Military Affairs and 31 others
Seoul High Court Decision 58Da18 delivered on April 3, 1959
The court below, based on evidence, held that the defendant sold 10 U.S. 10 and 600 U.S. 17 U.S. 14 Sept. 14, 4289 to the plaintiff on a short-term period of 4289, but by the appeal of the defendant's intervenor, etc., the appeal council revoked the sale disposition only for 2350 U.S. 1, May 4290. Accordingly, the defendant sent a notice of cancellation to the plaintiff on June 1, 31 of the same month at the same time when the cancellation was revoked, and the plaintiff filed a petition seeking correction of U.S. 24 U.S.'s appeal, but the appeal was rejected on December 4 of the same year, and it was evident that the plaintiff was not aware of the fact that the plaintiff had received a new disposition within 140 U.S. 19 years old, which was a new disposition for retrial and that the plaintiff was not aware of the fact that the plaintiff had received a new disposition within 20 years old term of revocation.
Justices White-sung (Presiding Justice)