Determination and administrative litigation of petition for vested property;

Administrative litigation, which is subject to the decision of the Deliberative Committee on Appeal on Property Belonging, has no interest in litigation.

Gu Council (Attorney Park Sang-hoon et al., Counsel for the defendant-appellant)

Deliberative Council on Appeal on Asset Reversion

Seoul High Court

We reverse the original judgment.

The case is remanded to Seoul High Court.

The ground of appeal by the plaintiff's representative is that if the defendant is unable to bring an action against the plaintiff as of March 21, 1953, the court below's decision that the plaintiff as the clerk's 35th administrative disposition belongs to the original co-manager, and the decision of the Council on Property belonging to the Minister of Agriculture and Forestry is not to affect the rights of the parties themselves, but to affect the rights of the parties only if it is a new administrative disposition in accordance with the purport of the ruling at the time of the ruling at the time of the original disposition, it cannot be deemed that the plaintiff's right or interest would be infringed even if it is unfavorable to the plaintiff, and that the judgment at any time would not be a sort of administrative disposition or other decision which is originally rendered by the administrative agency, which would be disadvantageous to the plaintiff's right protection. However, if the judgment at any time be cancelled by the original decision, it is doubtful that it would be a kind of administrative disposition or other decision which would be disadvantageous to the plaintiff's rights protection.

It is reasonable to dismiss the plaintiff's claim of the principal lawsuit on the ground that there is no interest in the lawsuit. However, according to Article 6 of the Administrative Litigation Act, if the designation of the defendant is wrong, the court below recognized that it is reasonable to hold a trial after correcting the defendant by exercising the right of explanation, and it is possible to reverse the original judgment and remand the case to the court below. It is so decided as per Disposition by Article 407 (1) of the Civil Procedure Act, without examining the grounds of appeal by the person who is the person who reversed the original judgment and remanded to the court below.

Justices Kim Byung-ro (Presiding Justice)