1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On March 30, 2016, the Defendant imposed indemnity of KRW 4,930,50 on the Plaintiff, pursuant to Article 81 of the Public Property and Commodity Management Act, on the ground that the Plaintiff occupied the Gu property without permission from November 11, 2010 to December 31, 2015.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission, but on October 10, 2016, the said administrative appeal was dismissed on the ground that the period for request for 90 days expired, and was unlawful.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 4, and Eul's 6, and the purport of the whole pleading is examined ex officio.

Article 18(1) of the Administrative Litigation Act provides that "a revocation lawsuit may be instituted without going through an administrative appeal against the disposition in question even where it may be brought pursuant to the provisions of Acts and subordinate statutes: Provided, That this shall not apply to cases where other Acts and subordinate statutes prescribe that a revocation lawsuit shall not be instituted without going through an administrative appeal ruling against the disposition in question." Article 20(1) provides that "a revocation lawsuit shall be instituted within 90 days from the date on which the existence of the disposition, etc. is known: Provided, That in cases where the proviso of Article 18(1) is provided and where a request for administrative appeal may be made, or where an administrative agency is falsely notified that a request for administrative appeal may be made, the period from the date on which the certified copy of the written adjudication is served," and Article 18(1) of the Administrative Appeals Act provides that "a

In full view of the above provisions, when one of the parties selects the method of immediately filing a revocation suit with the knowledge of an administrative disposition, he/she shall file a revocation suit within 90 days from the date he/she becomes aware of such disposition, and 2) file an administrative appeal.