An administrative agency's legal act and administrative litigation against the general public in relation to the general property law;

If an administrative agency does not have a status as a holder of public authority, but is engaged in a legal act with a general individual, it shall not be deemed an administrative disposition. Thus, allowing a private person to use a public market lower-rise store and revoking it shall not be deemed an administrative disposition of the administrative agency.

Article 1 of the Administrative Litigation Act

Lee Ma-man

Busan City Mayor (Attorney Lee Hong-hoon, Counsel for the plaintiff-appellant)

Daegu High Court Decision 4293Na29 delivered on August 3, 1961

We reverse the original judgment.

This lawsuit shall be dismissed.

Litigation costs shall be borne by the plaintiff.

According to the facts established by the court below, the plaintiff obtained permission for the use of the store No. 7 of the Busan-do public market from the Busan-do public market to the Busan-do public market without any justifiable reason, and the permission for use of the store No. 7 of the Ministry of Land, Infrastructure and Transport from September 23, 1960 was cancelled without a justifiable reason. Accordingly, the defendant Busan-do public market does not have a status as a holder of public authority, but allow the plaintiff to use the store No. 7 of the Busan-do public market and it is clear that it was subject to administrative disposition of the administrative agency or its affiliated agency, and it cannot be viewed as an administrative disposition of the administrative agency or its affiliated agency, and therefore, it cannot be viewed as an administrative disposition of the defendant's first instance court's decision that the plaintiff's use of the store No. 7 of the Busan-do public market as a holder of public authority. Accordingly, according to the general property law, it cannot be viewed as an administrative disposition of the administrative disposition of the administrative agency or its affiliated agency.

Justices Cho Jin-man (Presiding Judge) of the Supreme Court Decision 2008Hun-Ga, Kim Jong-man (Presiding Judge) and Choi Jin-man (Presiding Justice)