Where a person who has an objection to the officially assessed individual land price files an administrative litigation through an administrative appeal, the starting point of filing period

In full view of the contents and purport of Article 12 of the Public Notice of Values and Appraisal of Real Estate Act, Article 20(1) of the Administrative Litigation Act, Article 3(1) of the Administrative Appeals Act, and Article 3(1) of the Public Notice of Values and Appraisal of Real Estate Act, as well as the purport thereof, there is no express provision excluding the institution of administrative appeals under the Public Notice of Values and Appraisal of Real Estate Act, and there is no difference between the procedure and the institution in charge, and the objection and administrative appeal under the Public Notice of Values and Appraisal of Real Estate Act as to the filing of objections under the Public Notice of Values and Appraisal of Real Estate Act shall not be deemed to fall under “where there is a special provision in other Acts” excluding the institution of administrative appeals under Article 3(1) of the Public Notice of Values and Appraisal of Real Estate Act. Thus, a person who has an objection against a publicly announced individual land price may immediately institute an administrative litigation or institute an administrative litigation through an administrative appeal under the Public Notice of Values and Appraisal of Real Estate Act

Article 12 of the Public Notice of Values and Appraisal of Real Estate Act, Article 20 (1) of the Administrative Litigation Act, Article 3 (1) of the Administrative Appeals Act

Plaintiff (Law Firm Il, Attorneys Kim Jin-jin et al., Counsel for the plaintiff-appellant)

The head of Yeongdeungpo-si Office

Seoul High Court Decision 2008Nu14748 decided October 16, 2008

The appeal is dismissed. The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

1. As to whether or not the filing period has lapsed

Article 12 (1) of the Public Notice of Values and Appraisal of Real Estate Act (hereinafter referred to as the "Public Notice of Values and Appraisal Act") provides that "any person who has an objection to an individual land price may file an objection in writing with the head of a Si/Gun/Gu within 30 days from the date of the decision and public notice of the officially assessed individual land price," and Paragraph (2) of the same Article provides that "the head of a Si/Gun/Gu shall examine the objection and notify the applicant of the result in writing within 30 days from the expiration of the period for filing the objection under paragraph (1). In such cases, if the contents of the objection are deemed reasonable, the head of a Si/Gun/Gu shall re-determine the publicly assessed individual land price pursuant to Article 1

Meanwhile, Article 20(1) of the Administrative Litigation Act provides that "a revocation lawsuit shall be instituted within 90 days from the date on which the administrative agency becomes aware of the disposition, etc.: Provided, That where the proviso of Article 18(1) is provided for in the proviso of paragraph (1) of the same Article or where the administrative agency has mistakenly notified that a request for administrative appeal may be made, the period at the time of receiving the original copy of the written ruling shall be reckoned from the date of receiving the original copy of the written ruling." Article 3(1) of the Administrative Appeals Act provides that "Except as otherwise provided for in other Acts, an administrative appeal may be filed against a disposition

In full view of the contents and purport of the relevant laws and regulations as well as the explicit provisions excluding the filing of an administrative appeal under the Public Notice of Values Act, and there are differences between the procedures and administrative appeals under the Public Notice of Values Act, the filing of an objection and administrative appeals under the Public Notice of Values Act shall not be deemed to fall under “where there is a special provision in other Acts excluding the filing of an administrative appeal” under Article 3(1) of the Administrative Appeals Act, and thus, a person who has an objection to the officially assessed individual land price may immediately institute an administrative litigation or institute an administrative litigation through either of the objections under the Public Notice of Values Act or the request for administrative appeal under the Administrative Appeals Act, and then may institute an administrative litigation through an administrative appeal after receiving the notice of the result thereof. In this case, the period of filing an administrative litigation shall

In the same purport, the court below is just to have rejected the defendant's defense of safety that the lawsuit of this case was filed with the lapse of the filing period, and there is no error of law such as misunderstanding of legal principles as to the filing of objection

2. As to the lawfulness of the instant disposition

For the reasons indicated in its holding, the lower court determined that the instant disposition was unlawful on the ground that the Defendant erred in selecting a comparative standard when determining and publicly announcing the officially assessed individual land price of the instant land in 2006. In so doing, the lower court’s determination is justifiable in light of relevant statutes and records, and there is no error of misapprehending the legal principles as to the selection of a comparative standard site as alleged.

3. Conclusion

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yang Sung-tae (Presiding Justice)