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(영문) 대법원 1972. 2. 29. 선고 71누155 판결

[행정처분무효확인][집20(1)행,031]

Main Issues

With regard to the implementation of the land partition rearrangement project, it cannot be said that it is wrong that part of the land existing in the existing building owned by another person is designated as the land reserved for replotting.

Summary of Judgment

With regard to the implementation of the land partition rearrangement project, it cannot be said that it is wrong that part of the land existing in the existing building owned by another person is designated as the land reserved for replotting.

[Reference Provisions]

Article 50 of the Land Readjustment Projects Act, Article 31 (2) of the Enforcement Decree of the Land Readjustment Projects Act

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Head of Gun;

original decision

Daegu High Court Decision 69Gu62 delivered on September 8, 1971

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

The plaintiff's grounds of appeal are examined.

According to the reasoning of the judgment, the court below determined that the above existing building exists in the above 48th square meters of the plaintiff's previous land, 30 square meters of the building site designated as substitute land, 4 square meters of the above 15th square meters of the remaining 6th square meters of the 17th square meters of the 117th square meters of the snife 6th 8th of the 17th snife of the 16th sife of the 16th sife of the 16th sife of the previous land and the 16th 2th of the 16th sife of the 16th 16th sife of the 3th 6th 6th 6th sife of the above 15th sife of the 3th 6th sife of the above land, and that the above 14th siff sife of the land can be designated as substitute land by the 36th s.

Therefore, the appeal is dismissed without merit. It is so decided as per Disposition by the assent of all participating judges by applying Articles 95 and 89 of the Civil Procedure Act to the burden of the costs of appeal.

The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho