The legitimacy of a commissioner is a matter of ex officio investigation, so it cannot be the object of confession.

Under the administrative litigation system that adopted the principle of sub-determination, the legality of the lawsuit depends on the legality of the lawsuit directly, which belongs to the matters to be examined ex officio and is not subject to freedom.

Article 2 proviso of the Administrative Litigation Act, Article 261 of the Civil Procedure Act

Plaintiff 1 and 10 others

Jeollabuk-do Branch Office

Gwangju High Court Decision 65 Gu1 delivered on November 26, 1965

The judgment of the court below is reversed.

The case is remanded to the Gwangju High Court.

The defendant-appellant's grounds of appeal are examined (the additional appellate brief, etc. submitted by the defendant-appellant at the expiration of the statutory period is examined only to the extent that the above grounds of appeal are supplemented).

Under the administrative litigation system that adopted the principle of sub-determination, the legitimacy of a plaintiff's lawsuit depends on the legality of the lawsuit directly. It belongs to the matter of ex officio investigation and the matter of ex officio investigation cannot be the subject of confession. In light of the records, it is evident that permission and sale was made by each of the plaintiffs with respect to the land in this case (Records 10-47) and the first pleading protocol (Records 85) recognizes that the defendant's litigation performer has acknowledged that permission and sale disposition was revoked on September 9, 1964 and that the plaintiff et al. filed a lawsuit against the plaintiff et al. in the sixth pleadings (No. 406), and that there was no ruling as to the plaintiff et al. as to the plaintiff's lawsuit in this case, the court below did not err by misapprehending the legal principles as to the permission and sale disposition on September 9, 1964 and the plaintiffs did not have any evidence as to the plaintiff's lawsuit. Thus, the court below's reasoning did not err by misapprehending the legal principles as to the plaintiff's lawsuit.

Therefore, by the unanimous opinion of all participating judges, the original judgment shall be reversed and remanded in accordance with Article 14 of the Administrative Litigation Act and Article 406 (1) of the Civil Procedure Act. It is so decided as per Disposition.

Judge Do-dong (Presiding Judge) of the Supreme Court