The period of filing a lawsuit under Article 5 (1) of the Administrative Litigation Act and the standards for its calculation;

In the event that the plaintiff can recognize the fact that the plaintiff filed a petition against the property petition council on the property devolving upon the plaintiff's administrative disposition even if it is unknown whether the date when the plaintiff becomes aware of the administrative disposition, it shall be deemed that there was an administrative disposition on that date. Therefore, it shall be reasonable to determine whether the period of filing a lawsuit for the third month as provided in Article 5 (1) of the Administrative Litigation Act, counting from the same date

Article 5 (1) of the Administrative Litigation Act

Oap Line (Attorney Kim Jong-he et al., Counsel for defendant-appellant)

The Director General of the Government of the Seoul Special Metropolitan City (Law Firm Jin Byung and one other, Counsel for the plaintiff-appellant)

Seoul High Court Decision 54Do47 delivered on October 14, 1954

We reverse the original judgment.

The case shall be dismissed.

Litigation costs shall be borne by the plaintiff.

The court below acknowledged that the plaintiff had resided in the house of this case since November 4278 under the short-term period of 18 years old as 18 years old as her bereaved family members, and that the plaintiff had resided in the house of this case since 13 October 13, 4285 under the circumstance that the plaintiff applied for the lease contract as of 13 years old since 4285, and that the lease disposition on the order of Non-Party No. 5 was against the rules of evidence that the plaintiff's legitimate interest in the house of this case was against the rules of evidence, and that the plaintiff's testimony was not against the rules of evidence since 19 years old as she had resided in the house of this case since 3 years old since 4278, and that the plaintiff's testimony was not against the rules of evidence since 19 years old as she had never been proved as her evidence that the plaintiff had resided in the house of this case since 19 days old since 196.

Since the administrative litigation is conducted ex officio within three months from the date when the plaintiff knew of the administrative disposition, the administrative litigation is filed pursuant to Article 5 (1) of the Administrative Litigation Act, and there is no such theory. According to the records, although the plaintiff's knowledge of the administrative disposition is unknown, it can be recognized that the plaintiff filed a petition with the Council on Petitions on Property belonging to the Republic of Korea on November 16, 4286. Thus, it is obvious that the plaintiff's receipt of the lawsuit on April 9, 4287 was clearly accepted by the part of the receipt, so the lawsuit is filed in the short-term 4287. Thus, the lawsuit is dismissed because it is illegal for the period of filing the lawsuit on March 3, 200, the court below reversed the original judgment and omitted the judgment on the grounds of appeal, and it is so decided as per Disposition under Article 408, Article 89, Article 96, Article 96 of the Civil Procedure Act.

Justices Kim Byung-ro (Presiding Justice)