Determination of the Council for Appeal on Property Belonging to Jurisdiction and Administrative Litigation

The judgment of the Deliberative Council on Property Belonging to Jurisdiction shall be subject to administrative litigation when the relevant administrative agency conducts the vehicle.

Lee Ho-ho, Attorney Kim Han-young, Counsel for the defendant-appellant

Han-dae, Attorney Lee Young-soo, Counsel for the chairperson of the petition council on vested property

Attorney Park Young-chul et al., Counsel for the defendant-appellant

Seoul High Court Decision 53Do13 delivered on January 6, 1954

We reverse the original judgment.

This case is remanded to the Seoul High Court.

The ground of appeal by the defendant 1, the first instance court's judgment, which accepted the plaintiff's claim, is an Eup to the fact-finding. In other words, the court below recognized that the property in question is a divided unit and recognized as a single unit of the house, and admitted the plaintiff's claim, and it is sufficient to prove the fact that it is possible to divide and, despite the fact that it is not possible to divide, there is a mistake in the fact-finding and there is a violation of the rules of evidence. The second instance court's decision is an Eup against the rules of evidence. The second instance court's decision is an Eup against the rules of evidence. The second instance court's decision that the two households can divide into a divided unit of the house is not a sufficient trial decision, although it should be carefully decided in consideration of the structure of the foundation and so on.

The decision of the Appellate Council on Property Belonging to the State shall be dismissed because there is no interest in the lawsuit, and there is no interest in the lawsuit, if the designation of the defendant is wrong according to Article 6 of the Administrative Litigation Act. However, if the designation of the defendant is wrong, the court below is justified because it is recognized that the plaintiff would correct the proper judgment after correcting the defendant in accordance with the same Article, and then the original judgment is remanded to the court below.

It is decided as per Disposition by Article 407 of the Civil Procedure Act, without examining the grounds of appeal by the person.

Justices Kim Byung-ro (Presiding Justice)