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(영문) 서울행정법원 2015.10.22 2015구합5498
공가폐쇄처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

We examine the legitimacy of the instant lawsuit.

An administrative disposition, which is the object of an appeal litigation, refers to an act of an administrative agency’s public law, which is directly related to the rights and obligations of citizens, such as ordering the establishment of rights or the burden of obligations with respect to a specific matter, or giving rise to other legal effects, and an act which does not directly affect the legal status of the other party or other interested persons is not an administrative disposition

(See Supreme Court Decision 2001Du10578 Decided May 17, 2002, and Supreme Court Decision 2007Du10198 Decided November 15, 2007, etc.). The defendant may recognize the fact that the management status of the above household (as at the time of registration of C as a resident in the above management ledger) entered the management status of the above household (as at the time of registration of C as a resident in the above management ledger), on July 23, 2008, the defendant stated that the above household was closed for the reason that the above household was a public official (Evidence 5) and that the above statement or fact act merely expressed that the defendant purchased the above building on May 13, 2002, the plaintiff (the plaintiff asserted that he purchased the above building from C around May 13, 2002) is not directly affected by the legal status of the plaintiff, such as ordering the establishment of rights or obligations, or giving rise to any other legal effect, and thus, it does not constitute an administrative disposition closing.

Even if the above public order is deemed to be an administrative disposition subject to an appeal litigation, in full view of Articles 18(1) and 20(1) of the Administrative Litigation Act, and Article 27(1) of the Administrative Appeals Act, when a person immediately selects the method of filing a revocation suit against a disposition with the knowledge of the administrative disposition, he/she shall file a revocation suit within 90 days from the date when he/she becomes aware of such disposition, and when he/she selects the method of filing an appeal, 90 days from the date

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