The meaning of the date when the other party is an administrative disposition;

In relation to any administrative disposition, such as building permission disposition, which has been taken by the other party, the other party shall be notified of such disposition, unless otherwise specifically provided for, and thus, the date the above administrative disposition takes effect means the date when the above administrative disposition takes effect.

Article 3 of the Sub-Appeal Act

Supreme Court Decision 71Nu201 Delivered on April 11, 1972

Plaintiff 1 and one other

Daegu Market

Daegu High Court Decision 76Gu197 delivered on June 30, 1977

The original judgment is reversed, and the case is remanded to the Daegu High Court.

The plaintiffs' grounds of appeal are examined.

According to the reasoning of the judgment of the court below, the court below found that the lawsuit of this case sought revocation of the disposition of the building permit issued by the defendant on December 30, 1975, which became the plaintiffs in the future, with the purport of the invalidation declaration. In such a case, it must meet the requirements for filing an appeal litigation. Thus, the plaintiffs must go through legitimate procedures since December 30, 1975, which was the above building permit, and the plaintiffs filed a lawsuit against the Gyeongbuk-do Governor about December 6, 1976, which was limited to the peremptory term provided for in Article 3 of the 1976. Thus, the above lawsuit of this case is unlawful and dismissed. Accordingly, according to the records, the plaintiffs' lawsuit of this case is to seek revocation of the administrative disposition issued by the defendant on December 30, 1975 against the plaintiffs, and it is clear that this lawsuit is an appeal litigation and this is subject to the principle of dumpism.

However, according to Article 3 of the Sub-Appellant Act, a plaintiff must file a lawsuit within one month from the date when he becomes aware of an administrative disposition, and within three months from the date of such administrative disposition. Thus, in the case of an administrative disposition where the other party exists, such as the building permit, the date when the above administrative disposition becomes effective shall be the date when the other party becomes aware of the administrative disposition, and the date when the above administrative disposition becomes effective shall be the date when the above administrative disposition becomes effective, and the date when the above administrative disposition becomes known shall be the date when the above administrative disposition becomes known. Meanwhile, according to the records, the plaintiffs asserted that the above administrative disposition has not been notified. Thus, the court below should have examined ex officio the date when the plaintiffs became aware of the above administrative disposition or the date when the above administrative disposition was made, and it should have determined whether the above plaintiffs' lawsuit was legitimate, but it should not reach this conclusion, which affected the conclusion of Article 3 of the original judgment and the Supreme Court Decision 197Do1260, Dec. 30, 1975.

Therefore, the original judgment is reversed, and the case is remanded to the Daegu High Court which is the original judgment. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Young-young (Presiding Justice)