Re-audit or administrative appeal against the determination of individual land price;

The period of request for reinvestigation or administrative appeal against the determination of individual land price shall be calculated from the date on which the other party to the disposition actually becomes aware of such disposition. Thus, the phrase "the date on which the individual land price has been determined" as prescribed in Article 12-2 (1) of the Guidelines for the Joint Investigation of Land Price (Prime Directive No. 241, No. 248) shall be interpreted as above. Where the head of a Si/Gun/Gu does not take a separate procedure for notification to the other party in principle, a request for reinvestigation or administrative appeal against the determination of individual land price shall be filed within 180 days from the date of the disposition as prescribed in Article 18 (3) of the Administrative Appeals Act, unless there is any special circumstance that the owner of the land subject to the determination of individual land price is able to file a request for adjudication within the period of request for adjudication, unless there is a justifiable reason as prescribed in the proviso of Article 18 (3) of the Administrative Appeals Act.

Articles 18(1) and 18(3) of the Administrative Appeals Act, Article 12-2(1) of the Guidelines on the Joint Investigation of Land Prices (Prime Minister Directive No. 241, 248)

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Han-chul, Attorneys Lee Jong-soo et al., Counsel for plaintiff-appellant)

Comprehensive Development, Inc., Ltd.

Suwon Market

Seoul High Court Decision 94Gu7104 delivered on September 16, 1994

Of the judgment below, the part of the claim for revocation of individual land price determination is reversed, and that part of the case is remanded to the Seoul High Court.

The plaintiff's remaining appeals are dismissed.

The grounds of appeal are examined.

1. On the first ground for appeal

According to the reasoning of the judgment below, the court below acknowledged the fact that the defendant, based on evidence cited in the judgment, was dismissed the above appeal on the ground that Article 10 (1) of the Public Notice of Values and Appraisal of Lands, etc. Act and Article 18 (3) of the Public Notice of Values and Appraisal of Lands, etc. Act (the Prime Minister Directive No. 241, No. 248), and Article 190 of the Guidelines on the Joint Investigation of Land Prices, etc. (the Prime Minister Directive No. 241, Oct. 1990) of the site of this case, the plaintiff filed an administrative appeal with the Governor of Gyeonggi-do on Oct. 19, 1993, but on Jan. 6, 1994, the above appeal on the determination of individual land prices was filed "180 days after the date of the disposition", and determined that the plaintiff's appeal was dismissed on the ground that the plaintiff did not have any justifiable reason for revocation of the individual land price of this case.

However, a landowner or an interested person may institute an administrative litigation by filing an administrative appeal under the Administrative Appeals Act without filing a request for reinspection of the individual land price determination, or by filing a request for reinvestigation after being notified of the result thereof. A person who has filed a request for reinvestigation of the individual land price determination and received notice of the result of reinvestigation may institute an administrative litigation immediately without going through a separate administrative procedure. In this case, the deadline for filing an administrative appeal shall be calculated from the date when the other party to the disposition actually becomes aware of the disposition. Thus, the "date of determination of individual land price" as provided in Article 12-2 (1) of the above Directive shall be interpreted to mean the above meaning, unless there are circumstances to deem that the head of a Si/Gun/Gu has been aware of the above disposition in principle, and a request for reinvestigation or an administrative appeal against the individual land price determination shall be filed within 180 days from the date of the disposition under Article 18 (3) of the Administrative Appeals Act.

Therefore, in the case of this case, unless there are such special circumstances as above, it shall be deemed that there is a justifiable reason under the proviso of Article 18 (3) of the Administrative Appeals Act. Meanwhile, according to the records, the plaintiff seems to have been aware of the existence of an individual land price determination on July 21, 1993, but it is clear that the plaintiff filed a request for reinvestigation on July 23, 1993, which is within sixty days from that time. Thus, even though the request for reinvestigation of this case was filed within a legitimate period, the court below erred by misapprehending the legal principles as to the legitimate reason under the proviso of Article 18 (3) of the Administrative Appeals Act. The part pointing this out is with merit.

2. On the second ground for appeal

On August 19, 1994, the Plaintiff changed the purport of the claim in the application for correction of the complaint on August 11, 1994, which was stated on the date of the third pleading of the lower court, to the effect that the price of individual land in 1990 was determined and publicly announced as KRW 430,00,000 for the instant site. Therefore, the Plaintiff cannot be deemed as a lawsuit seeking revocation of the disposition of rejection of the application for a land price re-investigation, or as a lawsuit against omission. Therefore, the grounds of appeal premised on

3. Therefore, the judgment of the court below reversed the part of the claim for revocation of the disposition of revocation of individual land price determination, and remanded this part of the case to the Seoul High Court, and the remaining appeal is dismissed. It is so decided as per Disposition by

Justices Park Jong-chul (Presiding Justice)