[부동산매매계약취소처분무효확인][집12(2)행,004]
In accordance with the decision of the administrative appeals review committee, if the administrative agency cancels the sale of property devolving upon the State in accordance with the decision of the administrative appeals review committee, it is appropriate to administrative litigation
If the petition council on property devolving upon the petition makes a decision to cancel the sales contract of the property devolving upon the petition, and the administrative agency revokes the sales contract in accordance with the decision, the petition may directly file a lawsuit against the disposition on the petition without filing a second petition.
Article 2 (1) of the Administrative Litigation Act
[Defendant-Appellee] The Korea Development Bank (Attorney Park Young-jin et al., Counsel for defendant-appellee)
In case of the Director General of Daegu, the Director General of the Tax Office
Daegu High Court Decision 63Gu39 delivered on December 16, 1963
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
We examine the Plaintiff’s ground of appeal.
(1) According to the evidence Nos. 1 (Judgment Nos. 1) of the plaintiff Nos. 2 and 4 of the Reasons for Appeal Nos. 1 and 4, the non-party Kim Jae-do filed an appeal against the plaintiff on the ground that "the site of this case was improper for the plaintiff even after Kim Jae-do purchased it from the government bureau," and the above Council No. 2 of the defendant's appeal No. 2 of the appeal No. 9 of the plaintiff's appeal No. 2 of the plaintiff's appeal No. 9 of the plaintiff's appeal No. 2 of the plaintiff's appeal No. 9 of the plaintiff's appeal No. 2 of the plaintiff's appeal No. 9 of the plaintiff's appeal No. 2 of the plaintiff's appeal No. 2 of the plaintiff's appeal No. 2 of the plaintiff's appeal No. 9 of the plaintiff's appeal No. 2 of the plaintiff's appeal No. 9 of the plaintiff's appeal No. 2 of the plaintiff's appeal No. 2 of the plaintiff's appeal No. 2 of the plaintiff's appeal No.
(2) On the ground of appeal No. 2.3, the court below acknowledged the fact that the defendant, based on the evidence stated above, already sold the real estate to the non-party Kim Jae-do to the plaintiff by mistake even though it had already sold the real estate to the non-party Kim Jae-do, and there is no error in the review of the records. Thus, even if the court below's decision was made based on the records of the above evidence, the plaintiff's assertion of protection as a civil legal relationship is a separate issue or there is such a circumstance, it cannot be said that there was an error in the administrative disposition of the defendant. Thus, it is reasonable to determine that the defendant's assertion of protection as a civil legal relationship is a separate issue or
Therefore, this case's ground of appeal is eventually impossible to be employed, and it is so decided as per Disposition with the assent of all participating judges.
The judge of the Supreme Court (Presiding Judge) of the Red Round (Presiding Judge)