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(영문) 대법원 1967. 3. 13.자 63두11 결정
[행정처분효력정지가처분각하결정에대한항고][집15(1)행,048]
Main Issues

Liquidation Committee or liquidator of a profit-making corporation dissolved pursuant to the Act on Special Measures for the Disposal of Property Belonging to Jurisdiction or the Act;

Summary of Judgment

(a) A liquidation committee or liquidator of a domestic corporation to which only stocks have accrued shall not be an administrative agency, unless it is passed by an agency of a profit-making corporation;

(b)The act of deletion in the forest land register for the head of Gun is not an administrative action;

[Reference Provisions]

Article 8 subparagraph 4 of the Act on Special Measures for the Disposal of Property Belonging to Jurisdiction and Article 3 of the Act on Special Measures for the Disposal of Property Belonging to Jurisdiction

Applicant, appellant

Applicant

Respondent, respondent, respondent

National Coal Liquidation Committee

Judgment of the lower court

Seoul High Court Decision 63Nu70 delivered on October 29, 1963

Text

The appeal (special appeal) shall be dismissed.

Reasons

The grounds for appeal (the appeal against a decision not permitted to be a general appeal is considered a special appeal since it is an appeal against a decision not permitted to be a special appeal) of the appellant.

Article 8 subparagraph 4 of the Act on Special Measures for the Disposal of Property Belonging to the State or a local government before August 9, 1945. The liquidation committee or liquidator has not yet been dissolved under Article 8 subparagraph 4 of the Act on Special Measures for the Disposal of Property Belonging to the State or he has been dissolved under Article 8 subparagraph 4 of the Act on Special Measures for the Disposal of Property belonging to the State or he shall protect the property of the State, at least 1/2 of the Enforcement Decree of the Act on Liquidation Committee or its dissolution corporations, and the special provisions for the disposal of the property belonging to the State or its dissolution corporations shall not be the same as those for the liquidation committee or its liquidator's above disposal of the property belonging to the State or its dissolution corporation's disposal of the property belonging to the State or its dissolution corporation's disposal of the property belonging to the State or its dissolution corporation's disposal of the property belonging to the State or its dissolution corporation's disposal of the property belonging to the State or its dissolution corporation's disposal of the property belonging to the State or its dissolution corporation's disposal of the State or its dissolution corporation's disposal.

Judges of the Supreme Court (Presiding Judge) Ma-dong (Presiding Judge)

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