[임대차계약취소처분취소][집9행,084]
(a) The administrative agency concerned and the property appeal council concerned under Article 13 of the Administrative Litigation Act; and
(b) Eligibility as a party to a school representative who has leased the property devolving upon it;
The purport of Article 13 of the former Administrative Litigation Act (Act No. 213, Aug. 24, 51) that the final and conclusive judgment of an administrative litigation is binding on the administrative agency concerned with the case is reasonable, and it is reasonable to interpret that not only the administrative agency which is the disposal agency but also the adjudication agency which makes the ruling with the disposal agency, but also the administrative agency which is making the ruling with respect to the property devolving upon the property devolving upon it,
Article 13 of the Administrative Litigation Act, Article 3 of the Act on the Disposal of Property Belonging to Jurisdiction
President of the East National University;
The Director General of the Seoul Metropolitan Government
Tangiblejin et al.
Seoul High Court Decision 60Da65 delivered on December 28, 1960
It is reasonable to interpret that the final and conclusive judgment of the first administrative litigation is binding on the administrative agency concerned in the case as well as the administrative agency which is the non-re-regulate disposition agency and the adjudication agency which makes a ruling on the disposal agency is also included in the decision of the disposal agency.
The theory of lawsuit that is controversial from the standpoint of that and opposition is merely a single part.
In the second case, the plaintiff's indication of party is even a natural person who has the position of president of the East National University and is also a natural person with the position of president of the East National University, and the foundation leases this property for that foundation.
The third point is that a natural person or a person who is not a juristic person of the Republic of Korea can not become a lessee of the property devolving upon the State, but in this case, it can be seen that a natural person is not a trustee of a school of the State, a juristic person, and a person who is not a natural person or a juristic person of the Republic of Korea has entered into a contract for the establishment of the foundation, and the name "the President of the East National University" among the lessee's indication is merely a way to clearly write down the natural person's white name.
Justices Doh-don (Presiding Justice)