The need for administrative litigation and pre-trial proceedings seeking revocation of the meaning of the invalidation declaration

In the sense of declaring the invalidation of administrative disposition, a lawsuit seeking revocation is a kind of appeal litigation and must undergo a prior trial procedure.

Article 18 of the Administrative Litigation Act

Supreme Court Decision 81Nu72 delivered on December 28, 1982, 84Nu175 delivered on May 29, 1984

[Defendant-Appellee] Defendant 1 and 2 others (Attorney Lee Sung-ho, Counsel for defendant-appellee)

Seoul High Court Decision 86Gu742 decided Apr. 21, 1987

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The Plaintiff’s attorney’s ground of appeal is examined.

According to the reasoning of the judgment below, the court below held that the land substitution determination disposition was publicly announced as of February 10, 1984 with regard to the Yongsan-gun Urban Planning and Rearrangement Project, which was implemented by the Taesung-gun based on its macro evidence, and that the land land in this case was prepared on April 20 of the same year in the course of public study, and that the land in this case was determined as development recompense land in the above land readjustment project plan through the non-party, and the land in this case was completed after the purchase from the non-party and the change of its name was completed during the process of the change of the above land substitution plan, but the land substitution was completed at 32.3 square meters of the original land in 310.7 square meters in the course of the change of the land substitution plan and the plaintiff did not appear to have been made within 13 months from the date of the plaintiff's request for an administrative appeal against the defendant on June 13, 1986, which became final and conclusive as of June 16, 1984.

In light of the records of the judgment below, the fact-finding and judgment of the court below are just, and there is no error of law such as incomplete deliberation or misunderstanding of legal principles, and the lawsuit seeking cancellation is also a kind of appeal litigation, and thus it is necessary to go through a prior trial procedure. Thus, the argument of the lawsuit based on the opposing opinion is not accepted. All arguments are groundless.

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

Justices Lee B-soo (Presiding Justice)