The purpose of the administrative litigation system is to relieve citizens from infringement of their rights or interests due to the illegal dispositions of administrative agencies, the exercise or non-exercise of public authority, and to properly resolve disputes over the relationship of rights or application of law in public law. Thus, whether an administrative disposition is subject to appeal litigation should be determined on the basis of the purpose of the administrative litigation system or the function of protecting the rights and interests of citizens by the judicial power, in addition to the nature and effect of the act.

In light of the purpose, function, etc. of the administrative litigation system, in a case where an administrative agency merely proves the existence of legal relations between private persons and it is merely an notarial act which publicly establishes the existence of legal relations, and thus the resolution of disputes surrounding its validity is entrusted to the judicial principle or it is planned to appeal through other procedures than the administrative litigation under the law based on such act, it is reasonable to deem that it cannot be subject to an appeal litigation (see, e.g., Supreme Court Decisions 9Du9414, Aug. 13, 191; 9Du1264, Mar. 28, 2000).

In the same purport, the court below is just in holding that the preparation of the Notarial Deed in this case cannot be deemed an administrative disposition subject to appeal litigation, and there is no illegality such as misunderstanding legal principles as to the subject of appeal litigation as otherwise alleged in the ground of appeal

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Sang-hoon (Presiding Justice)