[행정처분취소청구][집5(3)행,001]
The cancellation of the right of lease and the right of passage;
A’s cancellation of the acquisition and lease of a building site for the sole reason that the building site to be reverted to A is to be used for the passage of a separate site that the government-invested agency did not lend to B. However, the actual problem of the traffic by the government-invested agency is the legal relation concerning the right of access to recognition and the right of access belonging to the limit of ownership under Article 210 of the Civil Code, which is to be resolved by the Civil Code, and it belongs to the scope of disposition due to the creation of the administrative authority.
Articles 4, 24, 18, and 35 of the Act on the Disposal of Property Belonging to Jurisdiction; Articles 210 and 219 of the Civil Act
Head of the board of directors of a university foundation;
Director-General of the Seoul Special Metropolitan City, Lee Jae-won, Counsel for the plaintiff-appellant-appellant
Seoul High Court Decision 56Do244 delivered on February 7, 1957
The final appeal is dismissed.
The costs of appeal are assessed against the defendant.
According to the judgment of the court below, it is no dispute between the parties that the defendant concluded a lease contract with the plaintiff on the property belonging to the court below on the short-term November 25, 4288, and that the non-party 1 acquired a house located in the same area as the property of this case. Thus, the defendant's investigation into the situation and continuously concluded a lease contract with the non-party 1 to the non-party 1 and the non-party 2 to the non-party 1 to whom the lease contract with the plaintiff was cancelled and the contract was concluded for the non-party 2 to the non-party 1 to the non-party 2 and the non-party 2 to the non-party 1 to the non-party 2. However, the defendant's rejection of the plaintiff's legitimate ground for appeal by the non-party 1 to the non-party 1 to the non-party 2 and the non-party 1 to the non-party 2.
The original site of this case is the site of this case, which is included in 72 1 to 852, Jung-gu, Jung-gu, Seoul Special Metropolitan City, which is the site for the part of this case, and is clear by the purport of the party's pleading that the plaintiff has lawfully acquired the right of annual rent under the lease contract with the defendant on May 2, 4282. Nevertheless, it is necessary for the defendant to cancel the plaintiff's right of lease solely on the ground that the defendant should be used only for the passage of the non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's right of passage.
Justices Kim Byung-ro (Presiding Justice)