Main Issues
The validity of administrative disposition on the grounds not inconsistent with the final and conclusive judgment of an administrative litigation
Summary of Judgment
When an administrative judgment becomes final and conclusive, the administrative authority that issued such administrative disposition shall not make any administrative disposition contrary to the above administrative judgment.
[Reference Provisions]
Article 39 of the Reversion Property Disposal Act, Article 52 of the Enforcement Decree of the Reversion Property Disposal Act
Plaintiff-Appellee
Soldiers' Exchange
Defendant-Appellant
Since Kim Jong-su is an absentee, a legal representative administrator appointed by the administrator.
Judgment of the lower court
Seoul High Court Decision 57Do1056 delivered on September 30, 1958, Seoul High Court Decision 57Do1056 delivered on September 30, 1958
Reasons
According to the reasoning of the above judgment, since the court below acknowledged that the non-party Park Young-young's original property belongs to it again after purchasing it from the government, and then sold it again to the plaintiff, the court below rejected the non-party Park Young-young's administrative disposition which should be revoked on the ground that the non-party Park Young-young's administrative disposition on the non-party Park Young-young's ground that the non-party Park Young-young's ownership was not acquired by the non-party Lee Young-young's real owner since the contract was revoked by Park Young-young's appeal. Thus, the court below rejected the non-party Park Young-young's administrative disposition on the non-party Park Young-young's ground that the non-party Park Young-young's ownership could not be revoked on the non-party Park Young-young's ground that the non-party's administrative disposition on the non-party Park Young-young's ground that the non-party's original property's ownership could not be revoked on the non-party Park Young-young's ground of appeal's final judgment and the non-party Lee's appeal.
Justices Jeon Soo-tae (Presiding Justice)