Withholding Disposition and Administrative Litigation

The disposition of withholding property devolving upon the State shall not be subject to administrative litigation, because it is an administrative disposition that takes effect upon the state of nationality.

[Defendant-Appellee] Plaintiff 1 and 1 others

Head of the Office of the Republic of Korea, the President of the Office of the Republic of Korea and one other, Counsel for the defendant-appellant

Attorney Jeong Jong-ho et al., Counsel for the defendant-appellee

Seoul High Court Decision 53Do34 delivered on January 27, 1954

The original judgment shall be reversed, and the case shall be dismissed.

The first ground for appeal of the defendant's representative Byung-sung and Han Sung-dong is against the rules of evidence and there is misconception of facts. In other words, the plaintiff's participation in the Public Security Committee of the Ministry of Justice at the time of the Korean War at the time of the Korean War at the time of the Korean War and recognized the fact that the plaintiff's act of non-satisfy in the position of the Director of the Central Public Security Committee is a witness who re-satisfy in the position of the Director of the Ministry of Justice, and recognized the act of non-satisfy in the position of the Director of the Central Public Security Committee and did not recognize the plaintiff's act of exhibition cooperation as the act of non-satisfy in the form of testimony as the act of non-satisfy in the Korean War at the time of the Korean War at the time of the Korean War at the time of the 6.25 Incident, and therefore, the plaintiff's act of non-satisfy in the form of non-satisfy in the first ground for finding.

The ground of appeal by the defendant assistant representative No. 1 of the judgment of the court below is that the plaintiff's assertion that the plaintiff was a witness at the time of war No. 1 of the 6.25 incident, and that the defendant's assertion that there was no ideas, such as the plaintiff's 1 of the 1 of the 1 of the 1 of the 5 of the 1 of the 1 of the 5 of the 1 of the 1 of the 5 of the 1 of the 1 of the 5 of the 1 of the 1 of the 5 of the 1 of the 1 of the 1 of the 1 of the 5 of the 1 of the 1 of the 1 of the 5 of the 1 of the 1 of the 1 of the 5 of the 1 of the 1 of the 5 of the 1 of the 5 of the 1 of the 1 of the 5 of the 1 of the 1 of the 1 of the 5 of the 1 of the 1 of the 5 of the 1 of the 1 of the 1 of the 1 of the 1 of the 1 of the 1 of the 1 of the 1 of the 1 of the 1 of the 1 of the 1 of the 1 of the 1 of the 1 of the 1 of the 1 of the 2 of the 2. the 2.

The disposition of withholding the original decision at the time of the original decision shall not be deemed an administrative disposition with a nationality, which brings the complaint of the plaintiff's rights and obligations, and thus, since the plaintiff's main lawsuit cannot be subject to administrative litigation, it cannot be dismissed since the plaintiff's main lawsuit is illegal, since the plaintiff's disposition at the time of original decision and the defendant's assistant intervenor's lawsuit are to hold the temporary sale until the decision on the settlement of the plaintiff's claim is made.

(1) Article 408 of the Civil Procedure Act provides that the judgment of the court below shall be reversed, and the judgment shall be delivered with the assent of all Justices.

Justices Kim Byung-ro (Presiding Justice)