The meaning of "when an administrative disposition which forms the basis for a judgment" under Article 422 (1) 8 of the Civil Procedure Act is changed by another judgment or administrative disposition.

Article 422(1)8 of the Civil Procedure Act refers to a case where an administrative disposition, which forms the basis of a final and conclusive judgment, is changed by another judgment or administrative disposition, and a final and conclusive and retroactive change is made by another judgment or administrative disposition. Thus, even if an administrative disposition which forms the basis of a final and conclusive judgment had already been revoked prior to the final and conclusive judgment, it shall not constitute a case where the party concerned was unable to make a claim in a lawsuit

Article 422(1)8 of the Civil Procedure Act

[Judgment of the court below]

Korea

Busan District Court Decision 79Hun6,7 delivered on April 18, 1980

The appeal is dismissed.

The costs of appeal shall be assessed against the defendant (Plaintiffs for retrial).

The grounds of appeal by the defendant (the plaintiff in a retrial) are examined.

Article 422(1) Subparagraph 8 of the Civil Procedure Act refers to the case where an administrative disposition, which forms the basis of a final and conclusive judgment, is changed by a different judgment or a disposition of administrative agency (when an administrative disposition, which forms the basis of a final and conclusive judgment, is changed by a different judgment or a disposition of administrative agency) and, as in the case of this case, the ordinary south-do Office’s disposition of selling the pertinent land, which forms the basis of a final and conclusive judgment, had already been revoked before the final and conclusive judgment was rendered, and thus, the same ground as the Defendant did not have asserted in the lawsuit, even though he was unaware of the fact that the final and conclusive judgment was revoked. Thus, the judgment of the court below, which is the same purport, is just and there is no error of law by misunderstanding the legal principles of the above legal provisions,

Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the participating judge.

Justices Ahn Byung-soo (Presiding Justice)