Whether rejection of an application for sale of State property is an administrative disposition

The act of selling state-owned properties by the office of general administration or by an institution entrusted with such authority pursuant to the provisions of the State Properties Act is nothing more than a juristic act under private law conducted as a private economic entity, and it is not an administrative disposition under public law conducted by an administrative agency as a public authority. Thus, the rejection of a request for selling state-owned properties is merely a private act, and it cannot

Article 2 of the Administrative Litigation Act

Plaintiff Kim Jong-sung, Counsel for the plaintiff-appellant

The head of Gangdong-gu

Seoul High Court Decision 85Gu572 delivered on January 23, 1986

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

We examine the Plaintiff’s ground of appeal.

The act of selling state property by the office of general administration or by an institution entrusted with such authority under the provisions of the State Properties Act is nothing more than a juristic act under private law conducted as a private economic entity, and it is not an administrative disposition under public law conducted by an administrative agency as a public authority. Thus, the refusal of this case by the defendant who rejected the plaintiff's request for selling state property is merely a mere private act, and it cannot

Therefore, the decision of the court below that dismissed the plaintiff's lawsuit of this case as unlawful is just, and the appeal is without merit, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yellow-ray (Presiding Justice)