1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On April 30, 2014, the Defendant requested the Plaintiff to revoke the disposition of imposition of the penalty surcharge against violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, which the Defendant made against the Plaintiff on April 30, 2014, the Defendant filed an administrative appeal after the lapse of 90 days from the date on which the Plaintiff received the notice of disposition, and rejected the administrative appeal claim. Thus, the instant lawsuit is unlawful.

2. Determination

A. Article 18(1) of the Administrative Litigation Act provides that "a revocation lawsuit may be instituted without going through an administrative appeal against the disposition in question under the provisions of Acts and subordinate statutes: Provided, That this shall not apply to cases where there is a provision that a revocation lawsuit cannot be instituted without going through an adjudication on an administrative appeal against the disposition in question." Article 20(1) provides that "a revocation lawsuit shall be instituted within 90 days from the date on which the existence of the disposition is known: Provided, That in cases where the proviso of Article 18(1) is provided for in the proviso of paragraph (1) of the same Article or where other administrative agencies are able to file an administrative appeal, or where the administrative agencies have falsely notified that a request for administrative appeal may be filed, the period from the date on which the original copy of the written adjudication is served." Article 27(1) of the Administrative Appeals Act provides that "a revocation

In full view of the above provisions, when ① a person who was aware of an administrative disposition and selects the method of immediately filing a revocation lawsuit against the administrative disposition, he/she shall file a revocation lawsuit within 90 days from the date on which he/she became aware of such disposition, and ② when he/she selects the method of filing an administrative appeal, he/she shall file an administrative appeal within 90 days from the date on which he/she becomes aware of such disposition and file a revocation lawsuit within

Therefore, the disposition was taken.