The period for filing an administrative appeal against the determination of individual land price;

The period of request for re-audit or administrative appeal against the determination of individual land price should be calculated from the date on which the other party to the disposition actually becomes aware of such disposition. Thus, the "date on which the price of individual land is determined" under Article 12-2 (1) of the Guidelines for the Joint Investigation of Land Price (Prime Directive No. 241, No. 248) shall be interpreted to the above meaning. Furthermore, unless the head of a Si/Gun/Gu fails to notify the other party of the determination of individual land price, he/she shall be deemed to have known that the land owner and the interested party were aware of such disposition. Thus, unless there are special circumstances to deem that he/she was aware of such disposition, a request for re-audit or administrative appeal against the determination of individual land price shall be filed within 180 days from the date on which the disposition under Article 18 (3) of the Administrative Appeals Act was made, and if there is no public notice or notification of such disposition, it shall be deemed that there is a justifiable reason under the proviso of Article 18 (3) of the Administrative Appeals Act.

Articles 18(1) and 18(3) of the Administrative Appeals Act, Article 12-2(1) of the Guidelines on the Joint Investigation of Land Prices (Prime Minister Directive No. 241, 248)

Plaintiff

Suwon Market

Seoul High Court Decision 94Gu13918 delivered on September 6, 1994

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine the grounds of appeal.

The court below determined that the defendant's request for administrative appeal on August 30, 1990 on the site of this case was correct after the lapse of 180 days from the date of the announcement of the disposition of this case, and determined that the plaintiff's request for administrative appeal after the lapse of 180 days from the date of re-audit under the Administrative Appeals Act cannot be filed within 180 days from the date of the re-audit or re-audit under the Administrative Appeals Act, since the plaintiff filed a request for administrative appeal against the head of Suwon-si on August 20, 1993 on the price of individual land of this case, but the plaintiff's request for administrative appeal was dismissed as of November 19 of the same year, but the Gyeonggi-do governor rejected it as of March 11, 1994, since it is apparent that the above request of this case was made after the expiration of 190 days from the date of the announcement of the disposition of this case. Meanwhile, the plaintiff's request for administrative appeal or re-audit under the Administrative Appeals Act cannot be filed immediately after re-audit or re-audit.

However, the period of request for re-audit or administrative appeal on the individual land price determination shall be calculated from the date when the other party to the disposition actually becomes aware of such disposition. Thus, it shall be interpreted that the "date of the determination of individual land price" in Article 12-2 (1) of the Guidelines on the Joint Investigation of Land Price (the Prime Minister Directive No. 241 of April 11, 1990 and the Prime Minister Directive No. 248 of March 29, 191) of the Guidelines on the Joint Investigation of Land Price (the Prime Minister Directive No. 241 of March 29, 1991) has the same meaning. Furthermore, unless the head of Si/Gun/Gu does not take a separate procedure for notifying the other party to the disposition of the individual land price determination, unless there is any circumstance to deem that the above disposition was known, a request for re-audit or administrative appeal on the individual land price determination shall be made within 180 days from the date of the disposition under Article 18 (3) of the Administrative Appeals Act (refer to the previous Decision No. 24270 years).

If there is no notice, it shall be deemed that there is a justifiable reason under the proviso of Article 18 (3) of the Administrative Appeals Act, unless there is a special reason that the owner of land subject to the determination of the individual land price could request an adjudication within the period of request for adjudication.

Therefore, even in the case of this case, unless there are special circumstances, it shall be deemed that there is a justifiable reason under the proviso of Article 18 (3) of the Administrative Appeals Act (the original trial should have judged the legitimacy of the lawsuit of this case by considering whether the defendant was not in compliance with the period of the request for administrative appeal of this case). However, the decision that the lawsuit of this case was unlawful because it did not go through legitimate pre-trial procedure is deemed to have committed an unlawful act by misunderstanding the legal principles as to justifiable reason under the proviso of Article 18 (3) of the Administrative Appeals Act. Thus, there is a reason to point

Therefore, the judgment of the court below is reversed and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeong Jong-ho (Presiding Justice)