[귀속재산징발처분취소(임대차계약취소)][집12(1)행,034]
If two months have not elapsed since the filing date of the lawsuit, the lawsuit is not dismissed, but two months have passed since the lawsuit was filed, and the lawsuit is corrected.
Any illegal lawsuit brought without the lapse of 2 months after the filing of the lawsuit shall be cured as long as the period has elapsed while it was not dismissed.
Article 2 of the Administrative Litigation Act, Article 5 of the Administrative Litigation Act
Part-time University (Attorney Gangwon-won, Counsel for defendant-appellee)
Navy Chief of Staff and one other
Seoul High Court Decision 62Gu191, 62 Gu288 delivered on July 30, 1963
The original judgment is reversed and the case is remanded to the Seoul High Court.
The ground of appeal No. 1 submitted by the Director-General of Seoul Government Office for the cancellation of the lease agreement is not that falling under Article 5 (2) of the Administrative Litigation Act. Thus, even if the decision on the cancellation of lease agreement was not revoked, the plaintiff filed a petition on Sep. 29, 1962 about the cancellation of the administrative disposition, and the plaintiff filed a lawsuit on Oct. 6, 1962 without the lapse of two months from the date of the filing of the petition, and according to the records, the plaintiff filed a lawsuit on Oct. 16, 1962 about the cancellation of lease agreement. Thus, the plaintiff filed a petition on Oct. 16, 1962, which sought the cancellation of the lease agreement. Thus, the plaintiff's claim on Sep. 29, 1962 was not dismissed, and the lease agreement was not completely revoked, and thus, the plaintiff filed a petition for cancellation without the lapse of two months from the filing of the appeal.
As to the grounds of appeal Nos. 2 and Maritime Chief of Staff, as to the grounds of appeal No. 1 after the litigant
This paper points out that the cancellation of the lease contract against the plaintiff by the director general of Seoul Government Bureau is legitimate because the above cancellation of the lease contract on September 12, 1962 is without dispute between the parties, and according to Article 2 of the Property Transfer Agreement without dispute, the term of validity of the contract shall be one year starting from the date of conclusion of the contract, and if there is no special declaration of intention after the completion of the contract, it shall be considered to be renewed under the same condition. On May 31, 1960, it is obvious that the contract will be concluded by the statement of evidence No. 1, 1961, and even if there is no special declaration of intention by May 31, 1961, it shall be recognized that there is no special reason for cancellation of the lease contract as 30 days after the expiration of the contract, and it shall be recognized that there is no special reason for cancellation of the lease contract as 1, 1963.
The judges of the Supreme Court, the two judges of the two judges of the Supreme Court (Presiding Judge)