The case holding that it shall not be subject to an administrative litigation

Measures to revert the defendant's seeds and seedlings through general open competitive bidding and the defendant's bid bond to the National Treasury are judicial acts on the status equal to that of private persons and administrative acts, so the above measures to revert the deposit is not subject to administrative litigation.

Article 1 of the Administrative Litigation Act

Supreme Court Decision 4294Ma173 delivered on February 22, 1962 (Supreme Court Decision 2780 delivered on July 22, 1962, Supreme Court Decision 10Nu108 delivered on June 1, 200 and summary of decision Article 1(120)160 of the Administrative Litigation Act

Plaintiff

Racing Market

The litigation of this case shall be dismissed.

Litigation costs shall be borne by the plaintiff.

The administrative disposition that the defendant confiscates KRW 800,000 to the plaintiff on February 28, 1977 shall be revoked.

Litigation costs shall be borne by the defendant.

In order to purchase seedlings for afforestation, the defendant alleged that the plaintiff made an open competitive bidding on February 28, 197 and entered the bid amount of KRW 7,90,00 in 79,00,00 in the bid price in the bidding of the plaintiff, and immediately notified the non-party financial commissioner in charge of the defendant Si that the plaintiff would revoke the plaintiff's bidding act. Further, the plaintiff's bid bond of KRW 8,00,000, which was returned at the time of the defendant was an insurance policy that guarantees the performance guarantee insurance policy of KRW 80,000, which was executed on February 26, 197. Since the plaintiff was not a guarantee insurance policy of the seeds and seedlings of this case executed on February 28, 197, since the plaintiff's bid was in a state of free guarantee against the plaintiff, the plaintiff's bid is null and void as the successful bidder in the bid price of KRW 790,00,00,000, the above bid price of KRW 90,000.

However, as alleged in the above, the plaintiff was found to have been aware of the fact that the defendant offered an open competitive bid for the purchase of seedlings for afforestation on February 28, 197 to 790,000 won and won was awarded at 790,000 won, but the above price was not delivered, and the defendant did not execute the contract, and that the defendant reverted 8,00,000 won to the National Treasury pursuant to Article 97 of the Budget and Accounts Act was not in dispute pursuant to subparagraph 1, 4, 7, and 1, 7, 7, such as the above recognition, and the defendant's purchase of seedlings through the general open competitive bidding, and the defendant's reversion of the bid bond to the National Treasury is not subject to administrative litigation, since it is a judicial act against the defendant's private status and it is not subject to administrative action.

Therefore, since the lawsuit filed by the defendant to seek its revocation on the premise that the defendant's transfer of deposit money to the National Treasury is an administrative disposition is unlawful, the lawsuit shall be dismissed, and the lawsuit cost shall be decided as per Disposition at the plaintiff's expense as the losing party.

Judge Lee Jong-dae (Presiding Judge)