[행정처분취소][집6행,008]
The effect of the prescribed effect raised by one of the joint holders on other joint holders of the right.
The intention of the principal of the lawsuit is to voluntarily correct the violation of the administrative disposition by filing a lawsuit prior to the filing of the lawsuit, and to prevent the abuse of the lawsuit. Therefore, if one of the joint holders of the right files a petition and has the administrative agency have the opportunity to correct the administrative disposition, it is reasonable to interpret that other joint holders of the right can file an administrative lawsuit without filing a petition.
Articles 1 and 9 of the Regulations on Petitions for Property Reversion
Kim Jong-soo et al.
Director General of the Seoul Special Metropolitan City Government
Seoul High Court Decision 201Na1000 decided Feb. 21
Seoul High Court Decision 57Da101,102 delivered on November 11, 1957
The right to appeal on the property belonging to the plaintiff et al. is not derived from the right of the plaintiff et al. as well as from the theory of lawsuit and the right of the plaintiff et al. to the administrative disposition on the property devolving upon the plaintiff et al.... Thus, according to Article 9 of the Regulation, the right to appeal can be applied to the administrative disposition on the property devolving upon the plaintiff et al., and if 30 days have passed from the date of receiving the notification of the administrative disposition, the non-party Kim Jong-soo can make a legitimate appeal. According to the records, it can be recognized that the plaintiff et al. filed a petition on the administrative disposition of the plaintiff et al. on January 18, 195, which is within the legitimate period of time, and the fact that the plaintiff et al. filed an administrative disposition on the property devolving upon the plaintiff et al., and it can be recognized that the plaintiff et al., the right to appeal is not legitimate at the time of the enforcement of the Administrative Litigation Act's amendment, and it can be recognized that the plaintiff et al.
Justices Go Jin-jin (Presiding Justice)