(a) A petition filed with a prior knowledge of the disposal of property devolvingd;
(b) Scope of a petition demanding the cancellation or modification of disposal of property devolvingd;
A petition on any property devolving upon the State shall, when the petition is quoted, have its effect on a joint basis on other disposition which cannot be together together with the same property.
Article 39 of the Act on Asset Disposal for Reversion
Z. L. L. L. L.S.
Secretary-General of Gyeongnam-do
Sychomamama
Daegu High Court Decision 57Ra6 delivered on October 4, 1957
In a case where there is an administrative disposition on the property devolving upon the first place, and where the administrative agency concerned has accepted it without rejecting it, and then converted it to a legitimate appeal after the administrative disposition was taken, there is no reason to deny the validity of the appeal. In this case, according to the records and the original judgment, the plaintiff filed a petition against the defendant on August 28, 1956, which was the short-term period prior to the notification of the disposition, against the defendant's supplementary intervenor's disposal of the property, pursuant to the records and the original judgment, the plaintiff detection that the defendant would cancel the disposal of the property devolving upon the plaintiff, and filed a petition against the plaintiff on August 29, 1956, which was the short-term period prior to the notification of the disposition, against the defendant's disposal of the property devolving upon the defendant's supplementary intervenor's disposal of the property. The defendant'
On the second ground for appeal
A petition seeking cancellation or change of an administrative disposition on the property devolving upon the defendant's supplementary intervenor shall not be deemed to have its effect on the same property jointly with any other administrative disposition that can not coexist with each other when the petition or lawsuit is accepted. In this case, even if the plaintiff's appeal sought cancellation of the disposition of cancellation of the disposition of cancellation of the sale to the plaintiff against the plaintiff, the purport of the appeal shall be accepted in the principal lawsuit, so long as the disposition of the sale to the plaintiff is restored as long as the disposition of the sale to the plaintiff is accepted in the principal lawsuit, the disposal of the same property to the defendant's supplementary intervenor that cannot exist must be inevitably revoked. Thus, the appeal shall be deemed to have been included in the purport of seeking cancellation of the sale disposition to the
Justices White-sung (Presiding Justice)
관련문헌
- 김향기 행정심판제도연구 : 전심절차로서의 행정심판에 관한 연구 고려대학교 1983
- 예상해 행정소송에 있어서의 문제점고찰 사법연구자료 5집 / 대법원 법원행정처 1978
- 황주명 소원전치주의의 완화 : 미국의 행정구제전치원칙(Exhaustion of Administative Remedies)에 대비하여 사법논집 7집 / 대법원 법원행정처 1976
- 이관희 소원전치주의에 관한 연구 : 미국행정법의 Exhaustion 법리와 관련하여 고려대학교 1983
- 이순동 행정심판의 전치주의 재판자료 67집 (상) / 법원행정처 1995
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