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(영문) 서울고법 4286. 9. 23. 선고 4286행56 제2특별부판결 : 확정
[재결취소청구사건][고집1948특,45]
Main Issues

Determination and administrative disposition of the Deliberative Council on Petitions on Jurisdiction;

Summary of Judgment

The basic administrative disposition in which a petition council on property devolving upon the State has been filed can only be affected by the disposition of a new specific disposition in accordance with the purport of the above Council's decision, and it cannot be said that the administrative disposition actually exists only with the determination of the above Council.

[Reference Provisions]

Article 39 of the Act on the Disposal of Property Belonging to Jurisdiction (Law No. 74), Article 54 of the Enforcement Decree of the Act on the Disposal of Property Belonging to Jurisdiction (Presidential Decree No. 298), Article 10 of the Regulations on Petitions on Property Belonging to Jurisdiction (Ordinance of the Prime Minister No. 29), Article 11 of the Regulations on Petitions on Property Belonging to Jurisdiction (Ordinance of the Prime Minister No. 29), Article 1 of the Administrative Litigation Act

Plaintiff

Plaintiff

Defendant

Deliberative Council on Appeal on Asset Reversion

Text

The plaintiff's claim is dismissed.

The costs of lawsuit are assessed against the plaintiff.

fact

The plaintiff's attorney, as the purport of the claim, cancelled the decision that the defendant sold the plaintiff's house at the same time as the 31st anniversary of the short-term appeal of 4285 to the plaintiff. The plaintiff's plaintiff's 2nd anniversary of the fact that the 4th anniversary of the fact that the 4th anniversary of the fact that the 5th anniversary of the above fact that the 4th anniversary of the above fact that the 5th anniversary of the above fact that the 4th anniversary of the above fact that the 5th anniversary of the above fact that the 4th anniversary of the above fact that the 4th anniversary of the above fact that the 5th anniversary of the above fact that the 4th anniversary of the above fact that the 5th anniversary of the above fact that the 5th anniversary of the above fact that the 5th anniversary of the above fact that the 5th anniversary of the above fact that the 1st anniversary of the above fact that the 5th anniversary of the above fact that the 1st century was the party's defense that the 5th above decision was unlawful.

Reasons

The fact that the defendant had made a decision with the plaintiff head is without dispute between the parties, and when the Council has deliberated on and decided a petition case on the disposition of property devolving upon the plaintiff head, the Council shall send a copy of the decision to the disposition agency of the case and notify it to deal with it by the ruling document. (1) When the decision of the Council was violated by law; (2) it is found that evidence which forms the basis of the decision or the ruling was forged or altered; or (3) it is found that the public official dealing with the case was guilty of material fact or new facts, and only if the judgment was rendered, it is possible to request a re-examination as an independent crime against the case, Article 39 of the Act on the Disposal of Property Belonging; Article 54 of the Enforcement Decree of the Civil Procedure Act; Article 10-11 of the Regulations on the Appeal of Property Belonging to the plaintiff head; and the basic administrative disposition subject to the decision is not in accordance with the purport of the new decision by the disposition agency; and therefore, it does not have any effect on the plaintiff's rights or interests.

Judges Mag-Jak (Presiding Judge) and Mano-Jicks

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