Since the sale of state-owned property is not a public authority entity, but a legal act as a subject of private economy, it is not a subject of administrative litigation to dispute the disposal of state-owned property.

Since the sale of state-owned property is not a public authority entity, but a legal act as a subject of private economy, it is not a subject of administrative litigation to dispute the disposal of state-owned property.

Article 26 of the State Property Act

Plaintiff (Attorney Choi Jong-soo, Counsel for the plaintiff-appellant)

The director of Gwangju Tax Office

Gwangju High Court Decision 69Gu45 delivered on April 7, 1970

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal by the plaintiff's attorney are examined, and the sale of state-owned property is not against the public as the subject of public authority, and since the country performs a legal act as the subject of private economy, it is not subject to administrative litigation and it is not subject to administrative litigation. The judgment dismissing the plaintiff's lawsuit of administrative litigation on this case is justified and there is no violation of law. Thus, it is groundless to criticize the original judgment on this issue as an independent opinion.

Therefore, the appeal is dismissed. The costs of the appeal are assessed against the losing party. It is so decided as per Disposition by all participating judges.

Justices of the Supreme Court (Presiding Judge) Dog-Jak Kim Kim-nam Kim Young-gu