Where a written objection is filed with the competent authority with respect to an administrative disposition on the property devolving upon the State, whether it can be recognized as a petition as prescribed in the Regulations of the Deliberative Council on Petitions on Property to Jurisdiction

Where a written objection is filed against an administrative disposition on the property devolving upon the State, it shall be converted and processed into a petition requested by the Deliberative Committee on Petitions on Property Belonging.

Article 39 of the Act on the Disposal of Property Belonging to Jurisdiction, Article 52 of the Enforcement Decree of the Act on the Disposal of Property Belonging to Jurisdiction, Article 1 of the Act

Supreme Court Decision 4289Sang46 Decided July 6, 1956, Supreme Court Decision 4291Sang27 Decided March 11, 1960

Plaintiff

Head of Chungcheong Tax Office

Seoul High Court Decision 64Gu274 delivered on September 21, 1965

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

As to ground of appeal No. 2 by Plaintiff

In its explanation of its reasoning, the original judgment: (1) the defendant notified the plaintiff as of June 16, 1964 that he will revoke 16 square meters of the subject matter of the contract on this case, and (2) the defendant was served with June 16 of that year and notified the plaintiff that he will receive the sale price receipt and the transfer registration of ownership for the sold property on June 15, 1965 in order to return the proceeds from the cancellation of the contract on this case; and (3) the plaintiff was served with the notice on June 15, 1965 that the plaintiff would receive the sale price receipt and the transfer registration of ownership for the sold property; (4) it was improper for the plaintiff to receive the delivery of the divided survey, and thus, it cannot comply with the survey; and (6) the plaintiff's appeal was filed with the defendant within the period of 6.16 (6.19's clerical error) (see, e.g., Supreme Court Decision 2007Da1964978, Nov. 26, 1997).

Therefore, according to Article 14 of the Administrative Litigation Act and Article 406 of the Civil Procedure Act, it is decided as per Disposition by the assent of all participating judges.

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