In case where the executor of the housing site development project fails to notify the request period for administrative appeal, etc. in disposing of the housing site development project under the Housing Site Development Promotion Act, the period during which an administrative appeal may be filed under

In full view of the provisions of Articles 18(1), (3) and (6), 42(1), 43(2), and Article 27 of the Housing Site Development Promotion Act, where the executor of the housing site development project makes a disposition in writing under the Housing Site Development Promotion Act, whether the executor of the housing site development project is entitled to an administrative appeal as to the disposition against the other party, and where the other party raises an objection to the disposition, the ruling agency, transit procedure and deadline shall be notified, and where the other party fails to notify it, if he/she has an objection to the disposition, he/she may file an administrative appeal within three months from the date of the disposition, even if he/she was aware of

Articles 18(1), (3) and (6), 42(1) and 43(2) of the Administrative Appeals Act, Article 27 of the Housing Site Development Promotion Act

[Plaintiff-Appellant] Plaintiff 1 et al. (Law Firm Gyeong, Attorneys Lee Jae-soo et al., Counsel for plaintiff-appellant)

Plaintiff

Korea Land Development Corporation

Seoul High Court Decision 94Gu9360 delivered on October 25, 1995

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

We examine the grounds of appeal.

In full view of the provisions of Articles 18(1), (3) and (6), 42(1), 43(2), and Article 27 of the Housing Site Development Promotion Act, where the implementer of the housing site development project makes a disposition in writing pursuant to the Housing Site Development Promotion Act, whether the implementer of the housing site development project is entitled to an administrative appeal as to the disposition against the other party, and where the implementer of the housing site development project fails to notify the ruling agency, transit procedure and deadline, if the other party is dissatisfied with the disposition, he may file an administrative appeal within three months from the date of the disposition, even if he was aware of the disposition, and the request for administrative appeal filed after the lapse of the period (see Supreme Court Decision 94Nu1934 delivered on April 14, 195). The judgment below to the same purport is justifiable, and there is no error of law as the theory of lawsuit.

There is no reason to discuss this issue.

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 on the bench.

Justices Ahn Yong-sik (Presiding Justice)