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(영문) 대법원 1964. 5. 26. 선고 63누175 판결
[귀속재산임대차계약취소처분취소][집12(1)행,061]
Main Issues

Whether it can be seen as a petition for the petition deliberation council which is the ruling authority within the statutory period in case where the petition on the disposition of vested property is submitted directly to the Minister of Finance and Economy without going through the disposition agency which is the request authority within the statutory period.

Summary of Judgment

Any petition on the disposal of the property devolving upon the State is legitimate without going through the disposition agency, by submitting it to the Minister of Finance and Economy directly within the statutory period.

[Reference Provisions]

Article 2 (1) of the Administrative Litigation Act

Plaintiff-Appellant

Kimchi Line

Defendant-Appellee

The director general of Seoul Central Government of Seoul Northern District Tax Office

Judgment of the lower court

Seoul High Court Decision 62Gu365 delivered on October 14, 1963

Text

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

Reasons

As to ground of appeal No. 1 by Plaintiff

According to the reasoning explanation, if there is a legitimate appeal, the appeal shall be filed with the disposition authority for the case at issue, which is the closing of the appeal within the statutory period, and if the appeal is filed with the Minister of Finance and Economy who is the ruling authority or affiliated with the ruling authority without passing through the National Assembly via the National Assembly, such appeal shall not be unlawful, and according to Gap evidence No. 6-1 to 3 evidence, the plaintiff may be found to have received the same appeal in the future of the Minister of Finance and Economy. However, even if the appeal is not filed against the defendant's disposition on September 16, 1961, it shall not be deemed to have been filed with the ruling authority within the statutory period for the appeal No. 99 of the Civil Procedure Act, since the appeal is filed with the ruling authority for the appeal No. 1, which is the disposition authority, and the plaintiff shall not be deemed to have been delivered with the ruling authority for the appeal No. 96 of the original decision, and it shall not be deemed to have been delivered with the ruling authority for the appeal No. 98 of the plaintiff's appeal.

The judges of the Supreme Court, the two judges of the two judges of the Supreme Court (Presiding Judge)

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