Whether the act of selling State property by an administrative agency is an administrative disposition subject to the administrative litigation.

In order to institute an administrative litigation, administrative disposition must be taken by the administrative agency, but the plaintiff sought revocation of the sale disposition of the real estate which is the State property, so this cannot be deemed an administrative disposition subject to an appeal litigation, and eventually, this lawsuit cannot be dismissed as an illegal lawsuit which lacks the requirements of the administrative litigation.

Article 1 of the Administrative Litigation Act

Plaintiff

Head of Seoul Railroad Bureau

The plaintiff's lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

As of November 5, 1970, the administrative disposition that the Defendant sold to the Non-Party Heavy Co., Ltd. the 25 pages of 43 to 218 to 7 Hobbe, 190 to 6,373 to 25 to 190 to 6,373 and 22 to 22 to 198 to 43 to 2 of Yongsan-gu Seoul Metropolitan Government.

Litigation costs shall be borne by the defendant.

In order to file an administrative suit as an appeal litigation, a disposition by an administrative agency must be taken. However, based on the plaintiff's assertion, the plaintiff sought revocation of the disposition of selling real estate stated in the purport of the claim, which cannot be deemed an administrative disposition subject to an appeal litigation. Ultimately, the plaintiff's lawsuit shall not be exempted from rejection as an unlawful lawsuit lacking the requirements of the administrative litigation

Therefore, the necessity to determine the merits is dismissed, and the costs of lawsuit are assessed against the losing plaintiff. It is so decided as per Disposition.

Judges Sick-su (Presiding Judge)