(심리불속행) 수용토지의 양도시기는 대금청산일, 수용개시일, 소유권이전등기접수일 중 빠른 날임[국승]
Seoul High Court-2016-Nu-5983 (2017.02.07)
(C) The date of transfer of the land to be expropriated shall be the date of settlement of the price, the date of commencement of expropriation, and the date of receipt of ownership transfer registration.
(main point of the original trial) The time of the transfer of the land to be expropriated is the date of the settlement of the price, the date of the expropriation, and the date of the receipt of the registration of transfer of ownership.
Article 98 (Time of Transfer or Acquisition)
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the appellant’s grounds of appeal are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Accordingly, the appeal is dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It is so decided