In a lawsuit seeking the revocation of the original disposition, whether the ruling itself can assert the unique grounds for illegality

The reason that there is an error of the reason and reason for the adjudication on the administrative disposition is inherent in the adjudication itself and can be asserted as an illegal reason in the lawsuit seeking the cancellation of the adjudication disposition. However, in the lawsuit seeking the cancellation of the original disposition, it cannot be asserted as an illegal reason for seeking the cancellation.

Article 19 of the Administrative Litigation Act

Supreme Court Decision 89Nu1865 delivered on October 24, 1989 (Gong1989, 1806) Supreme Court Decision 91Nu6979 Delivered on February 28, 1992 (Gong1992, 1188) Supreme Court Decision 93Nu16901 Delivered on January 25, 1994 (Gong194Sang, 842)

Plaintiff (Attorney Park Young-soo, Counsel for the plaintiff-appellant)

The head of Seocho-gu Seoul Metropolitan Government

Seoul High Court Decision 94Gu19145 delivered on May 10, 1995

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

The First Ground for Appeal

In light of the relevant laws and records, the court below's determination of individual land price for the land of this case in 193 is justified because it did not err in the determination of the standard land price, the application of the rate of price adjustment pursuant to the comparison table of land price, and the method of price calculation, etc., and there is no error of law as pointed out in the arguments.

The Second Ground of Appeal

The issue is that the Defendant’s decision of correction that recognized the original officially announced value as unjust and made a decision of correction that the price was lower than 100,000 won per square meter is unlawful. However, barring any special circumstance, barring any special circumstance, it cannot be deemed that the officially announced value of the instant case is significantly unreasonable. There is no reason for the issue.

As to the third ground for appeal

In a lawsuit seeking the cancellation of an adjudication disposition as an inherent defect in the adjudication disposition itself, the grounds for an administrative appeal against the administrative disposition in this case may be asserted as an illegal cause. However, in a lawsuit seeking the cancellation of the original disposition, it cannot be asserted as an illegal cause to seek the cancellation thereof. There is no reason to discuss the issue as well.

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Jong-ho (Presiding Justice)