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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The reasoning for the court’s explanation on this part is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, except for the following: “The 4th sentence from January 14, 2015 to the following sentence was rendered on January 14, 2015; the C’s appeal (the Daejeon High Court 2015No91) and the final appeal (the Supreme Court 2015Do12839) were all dismissed; and the above judgment became final and conclusive on November 12, 2015 became final and conclusive).” As such, this part of the first instance judgment is the same as stated in Article 8(1) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Article 20(1) of the Administrative Litigation Act provides that “A revocation lawsuit shall be filed within 90 days from the date when the party becomes aware of the disposition, etc.,” which is the starting date of the filing period, refers to the date when the party becomes aware of the relevant disposition by means of notice, public notice, or other methods. In cases where a party is unable to serve a notice on an official gazette, official bulletin board, daily newspaper, etc. on the grounds that his/her address is unknown, if the notice is made on the official gazette, official bulletin board, daily newspaper, etc., the other party cannot be deemed to have been aware of the administrative disposition on the date when the notice takes effect, and the other party
(See Supreme Court Decision 2005Du14851 Decided April 28, 2006, etc.). According to the records in this case and evidence No. 2-2 of evidence No. 2-2, the Defendant determined the period of public notice from January 2, 2014 to January 16, 2014 and announced the instant disposition by reason of impossibility of delivery. However, according to the legal principles as seen earlier, the Defendant cannot be deemed to have known of the instant disposition solely based on the said public notice.
Therefore, the date when the Plaintiff became aware of the instant disposition is time and time, and the Plaintiff around September 30, 2014 at the time of filing the instant lawsuit.