[1] The meaning of an administrative disposition subject to appeal litigation

[2] Where the part of the approval terms attached to the approval of the housing construction project plan that the public land in the project site will be transferred without compensation is prepared by the act of preparing false public documents by the public official in charge, the notification that the head of a local government would perform the procedure of purchase with compensation in accordance with the original approval terms is not an administrative disposition under the above / [1]

[1] An administrative disposition, which is the object of an appeal litigation, refers to an act under public law of an administrative agency, which is directly related to the rights and obligations of citizens, such as ordering the establishment of rights or the burden of obligations, or giving rise to other legal effects with respect to a specific matter. An act, etc., which does not directly cause legal changes in the legal status of the other party or other related persons, such as acts, intermediation, solicitation, and de facto notification, etc. inside the

[2] The case reversing the judgment of the court below on the ground that where the part of the approval terms added to the approval terms of the housing construction project plan, which states that the public land in the project site will be transferred free of charge, is prepared by the act of preparing false public documents by the public official in charge, a notification that the head of a local government requests a free transfer in accordance with the above approval terms is an administrative disposition subject to an appeal litigation regarding the civil petition of the housing association that

[1] Articles 1 [General Administrative Disposition], 2 and 19 of the Administrative Litigation Act / [2] Articles 1 [General Administrative Disposition], 2 and 19 of the Administrative Litigation Act

[1] Supreme Court Decision 94Du33 delivered on September 10, 1995 (Gong1994Ha, 2870) Supreme Court Decision 95Nu909 delivered on November 21, 1995 (Gong1996Sang, 88) Supreme Court Decision 97Nu3163 delivered on May 16, 1997 (Gong197Sang, 1769)

Offset3 United Nations Housing Association (Attorney Jeong Young-il, Counsel for the plaintiff-appellant)

Nowon-gu in Seoul Special Metropolitan City

Seoul High Court Decision 94Gu23045 delivered on March 29, 1996

The judgment of the court below is reversed. All costs of the lawsuit are assessed against the plaintiff.

Judgment ex officio is made.

According to the reasoning of the judgment below, on April 12, 1991, the court below added the condition that the defendant's approval plan for the private housing construction project of this case to the non-party Army Association for the non-party Army Construction Project (hereinafter the Army Association for the non-party Army Construction Project), which is one of the approval conditions, shall be substituted by consultation with the Gu (construction Management Department) in accordance with the facility substitution protocol, and the "written report on the free reversion and substitute public facilities" attached to the approval plan was written on the land gratuitously reverted to the project operator and the total of 1,608 square meters (hereinafter the "the land of this case") as part of the state-owned and public land 6 lots in the decision of the court below. However, on October 29, 193, the court below determined that the plaintiff, who is the joint housing association of the non-party △△△△△△ and the members of the non-party 3 District Housing Association for the non-party Army Association for the non-party Army Construction Project for the alteration of the land of this case.

However, an administrative disposition, which is the object of an appeal litigation, refers to an act of an administrative agency's public law, which is an act that directly related to the rights and obligations of the citizens, such as ordering the establishment of rights or the burden of obligations under the laws and regulations, or giving rise to other legal effects. An act, etc., which does not directly cause legal changes in the legal status of the other party or other interested parties, such as actions, intermediation, solicitation, and de facto notification, etc. inside the administrative agency, cannot be subject to appeal litigation (see, e.g., Supreme Court Decisions 95Nu99, Nov. 21, 1995; 97Nu3163, May 16, 197). Accordingly, according to the records, the defendant notified the Army Association of the change in the official approval plan of this case, prior to the implementation of the project plan of this case, on the land of this case, prior to the implementation of the project plan of the public housing construction project of this case, the public official of this case, who is the public official in charge of the non-party, cannot be seen as an action.

Therefore, the judgment of the court below that judged the notice of this case as an administrative disposition subject to appeal litigation is erroneous in the misapprehension of legal principles as to the subject of appeal litigation.

Therefore, without further proceeding to decide on the grounds of appeal, the judgment of the court below is reversed, and this case is deemed to be sufficient for a direct trial by the party members, and the lawsuit of this case is dismissed, and the total costs of the lawsuit are assessed against the losing party. It is so decided as per

Justices Lee Yong-hun (Presiding Justice)