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(영문) 대법원 1955. 5. 24. 선고 4288행상29 판결
[행정처분취소][집2(4)행,030]
Main Issues

Article 5 of the former Administrative Litigation Act and whether litigation are appropriate;

Summary of Judgment

Before the amendment of Article 5 of the Administrative Litigation Act, a lawsuit shall be instituted within three months from the date when the facts of administrative disposition under paragraph (1) of the same Article prior to the amendment are known, and the lawsuit which has been instituted after the period has expired, shall not be dismissed due to the lapse of the peremptory period under paragraph (5)

[Reference Provisions]

Article 5 of the Administrative Litigation Act (former Act)

Plaintiff-Appellant

Fixed Salary Group:

Defendant-Appellee

The Director-General of the Government of the Republic of Korea (Korean Attorney Lee Jong-soo, Counsel for defendant-appellant)

The court below

Seoul High Court Decision 53Do59 delivered on October 14, 1953

Text

We reverse the original judgment.

The plaintiff's lawsuit is dismissed.

All costs of litigation shall be borne by the plaintiff.

Reasons

The plaintiff's ground of appeal is with respect to the plaintiff's non-party 1's return to Korea.

According to the court below's decision that the plaintiff's right to purchase the real estate was infringed upon, the court below's decision that the plaintiff's right to purchase the 19th anniversary of the fact that the plaintiff's right to purchase the real estate was not acquired by the 1st anniversary of the fact that the 1st anniversary of the fact that the 5th anniversary of the fact that the 1st anniversary of the 3th anniversary of the 1st anniversary of the 1st anniversary of the fact that the 1st anniversary of the 1st anniversary of the 1st anniversary of the 3th anniversary of the 1st anniversary of the fact that the 1st anniversary of the 3th anniversary of the 1st anniversary of the fact that the 1st anniversary of the 5th 1st 1st 1st th th th th th 1st th th th th th th th th th th 1st th th th th th th th 1st th th th th 1st th th th th th th th th 19th th th th th th th th th th th th th th th th 2.

Justices Kim Byung-ro (Presiding Justice)

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