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(영문) 서울고등법원 2015.07.07 2015누37275

토지이동신청서(분할,합병) 반려처분 취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The court's reasoning concerning this case is as follows, in addition to using the third to fourth to fourth to nine lines of the decision of the court of first instance, and therefore, it is identical to the reasoning of the decision of the court of first instance. Thus, it is acceptable to accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

According to the evidence evidence No. 22 of “A”, the Plaintiff completed the registration of ownership transfer with respect to the size of 118 square meters out of the land for B inHanam-si, and the Plaintiff agreed to complete the registration of ownership transfer with respect to the 60.75 square meters out of the land for C. It is recognized that the Plaintiff completed the registration of ownership transfer with respect to the 60.75 square meters out of the land for C. However, it is difficult to view that the Plaintiff failed to file an application for the registration of ownership transfer under Article 79(1) of the former Act on Land Survey, Waterway Survey and Cadastral Records (Act No. 12738, Jun. 3, 2014; “No. 12738, Jun. 3, 2014”; “No. 2630, Jun. 1, 2015,” and “No. 16, etc. of the former Enforcement Decree of the Cadastral Act” as “No. 5 of the former Enforcement Decree of the Cadastral Land Planning Act”.