[부동산소유권국가귀속처분무효확인][공1985.8.15.(758),1062]
A. Whether a father-in-fact of an administrative act can be the object of an administrative litigation independently (negative)
B. Whether a person who has a de facto indirect interest in an administrative disposition has a benefit in administrative litigation (negative)
(a) No assistant officer of an administrative act may independently be the subject of an administrative litigation;
B. Administrative litigation is an interest in bringing a lawsuit only by a person who has a direct and specific interest in law due to an administrative disposition. However, since there is no interest in filing a lawsuit, a person who is not a party to a disposition of authorization of completion of reclamation of public waters and who is merely an agreement to take over the reclaimed land acquired by him/her between the person who received the disposition and the person who received the disposition, is not a party to the disposition of authorization of completion of reclamation of public waters, and there is no interest in seeking confirmation of invalidity
Article 1 of the Administrative Litigation Act
A. Supreme Court Decision 70Nu98 delivered on September 17, 1970, Supreme Court Decision 85Nu20 delivered on May 28, 1985
Plaintiff 1, et al., Counsel for the plaintiff-appellant
Jeonnam-do Governor (Attorney Kim Dong-ju, Counsel for defendant-appellant)
Gwangju High Court Decision 83Gu121 delivered on July 10, 1984
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
The grounds of appeal by the Plaintiff’s attorney are also examined.
According to the records, in granting authorization of completion of reclamation to the non-party green-unit agricultural cooperative, the reclamation licensee of April 9, 197, the defendant, 42,586 of total reclaimed area, 31,622 of total reclamation area, 42,586, and the non-party cooperative, and the remainder of the land for public use or public use including the land of this case, shall be granted the completion of the completion of the completion of the completion of the completion of the reclamation of this case, and the non-party cooperative shall be notified by lot to the non-party association with the particulars of the ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership of the non-party green-unit agricultural cooperative, which is the reclamation licensee of this case. In addition, it is reasonable to view that the non-party green-unit can not be subject to administrative litigation independently, and the plaintiff shall not have an indirect interest relationship with the non-party cooperative.
Therefore, the court below's rejection of the plaintiff's lawsuit of this case is just, and there are no errors in matters of law by misunderstanding the requirements of lawsuit and the legal principles of associates such as the theory of lawsuit.
In its independent opinion, the plaintiff's lawsuit of this case is legitimate, and the judgment of the court below is erroneous and it cannot be accepted.
Therefore, the appeal is 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.
Justices O Sung-sung(Presiding Justice)