Article 2 of the Administrative Litigation Act and the legality of the administrative litigation

With respect to an administrative disposition against which a request for re-verification of the provisions on cancellation of property devolving upon the State pursuant to a simplified petition procedure of Act No. 120 is dismissed, if a lawsuit is not instituted after the adjudication as prescribed in the main sentence of Article 2 of the Administrative Litigation Act is light, such lawsuit shall not be exempted from being unlawful unless the existence of the grounds prescribed in

Article 2 of the Administrative Litigation Act, Articles 2(2), 2 and 3 of the Litigation Act

Busan High Court Decision 200Do1448 decided May 1, 200

The Minister of Justice (Attorney Park Jae-chul, Counsel for defendant-appellant)

Seoul High Court Decision 54Do192 delivered on January 5, 1955

We reverse the original judgment.

The plaintiff's lawsuit is dismissed.

All costs of litigation shall be borne by the plaintiff.

The ground of appeal No. 1 is that the court below's rejection of an application for cancellation of the plaintiff's right to real estate held that the plaintiff's second ground of appeal is an illegal administrative litigation which was instituted without the plaintiff's source of lawsuit. In other words, the plaintiff's rejection of an application for cancellation of the plaintiff's attribution pursuant to the Act on the Confirmation of Property Reversion by Summary Procedure, which was the defendant's rejection of the application under the same Act. The plaintiff's rejection of an application for cancellation under the main sentence of Article 2 of the Administrative Litigation Act and Article 2 of the Sub-Appeal Act should file a lawsuit against the defendant. The plaintiff's rejection of an application for cancellation of the plaintiff's right to real estate belonging to the court below's second ground of appeal without the plaintiff's rejection of an application for cancellation of the plaintiff's right to real estate belonging to the court below's second ground of appeal without the plaintiff's rejection of an application for cancellation of the right to real estate belonging to the court below's second ground of appeal without the plaintiff's rejection of an application for cancellation of the ownership belonging to the second ground of this case.

First of all, according to the main sentence of Article 2 of the Civil Procedure Act as to the first ground for appeal, if an administrative litigation can be instituted pursuant to the provisions of other Acts with regard to an administrative disposition, it shall not be instituted unless the adjudication is light, and according to Article 2 (2) of the Action Act, the plaintiff shall bring an action against the administrative disposition by the chief of the division. However, according to the records, the plaintiff shall be dismissed before the date of filing a petition for re-verification pursuant to the Act on the Confirmation of Cancellation of Reversion by Summary Procedure Act (Act No. 120) and the clerk shall be served with the same decision of rejection on August 26, 1954, but it is obvious that the administrative agency of the same disposition has filed a lawsuit on October 20 of the same year without following the procedure of the main sentence of Article 2 of the Administrative Litigation Act and there is no evidence to acknowledge the existence of the grounds for appeal under the proviso of Article 2 of the Claimant Act, and if so, the court below shall dismiss the plaintiff's lawsuit directly prior to its ex officio examination or determination.

Justices Kim Byung-ro (Presiding Justice)