Whether the legal nature of the "Guidelines for the Special Improvement of the Units of Si Young Apartment for the Demolition Residents" in Seoul Special Metropolitan City and the expression of intention not to sell the Si Young Apartment is an administrative disposition (negative)

The Seoul Metropolitan Government's Special Guidelines for the Improvement of the Units of Si-young Apartment for the Demolition Residents is merely an administrative guidelines within Seoul Metropolitan Government, and it is not an issue of the right to apply for parcelling-out under public law to a person prescribed in the guidelines. Therefore, the expression of intention of refusing to sell the Si-young Apartment shall not be deemed an administrative disposition subject to appeal

Articles 1 [General Administrative Disposition] and 2 of the Administrative Litigation Act

Supreme Court Decision 87Nu1214 decided Dec. 26, 1989 (Gong1990,402) 91Nu3352 decided Nov. 26, 1991 (Gong1992,336) 91Nu3871 decided Oct. 27, 1992 (Gong192,308)

Plaintiff

The head of Yeongdeungpo-gu

Seoul High Court Decision 92Gu13389 delivered on December 8, 1992

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

Although examining the records of the court below's decision that the plaintiff did not have any evidence to regard the plaintiff as the person eligible to be granted the right to move in as one unit of Si-young apartment room under the Si-gu Seoul Metropolitan Government's Guidelines for the Special Improvement of Sale of Si-young apartment, the above guidelines of Seoul Special Metropolitan City are merely administrative guidelines within Seoul Special Metropolitan City, and even if the plaintiff is a person eligible to be granted the right to move in as one unit of Si-young apartment room under the above guidelines of Seoul Special Metropolitan City, the above guidelines of Seoul Special Metropolitan City are merely administrative guidelines within Seoul Special Metropolitan City, and the right to move in under public law is not granted to the person prescribed in the guidelines, so the expression of intention to move in as to Si-gu apartment cannot be deemed an administrative disposition subject to appeal litigation (refer to the judgment of the court below 91Nu352 delivered on Nov. 26, 191). Thus, the plaintiff'

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 Choi Jae-ho (Presiding Justice)