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(영문) 서울고등법원 2016.07.01 2015누36036

소유권이전등기

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

1. Basic facts

A. On April 7, 1967, the Defendant completed the division and rearrangement of the land of 303.1 square meters on a road of 167-16, Mapo-gu, Seoul, Mapo-gu (hereinafter “instant land”), and completed the registration of ownership preservation on the instant land in its name on May 20, 1967.

B. The former Local Autonomy Act (amended by Act No. 4004 of Apr. 6, 198) provides that a Do, Seoul, and a Si, Eup, or Myeon shall be established under the direct jurisdiction of the Government, a Do, and a Si, Eup, or Myeon shall be established under the jurisdiction of the Do (Article 2), but the former Local Autonomy Act (amended by Act No. 4004 of Apr. 6, 1988; hereinafter referred to as the “Local Autonomy Act”) shall be amended to ① a Special Metropolitan City, a Metropolitan City, a Metropolitan City, a Do, a Si, a Gun, a Gun, a Gu which is a local government (hereinafter referred to as an “autonomous Gu”) shall be limited to the Gu under the jurisdiction of the Special Metropolitan City and a Metropolitan City (Article 2(1) and (2)), the Seoul Special Metropolitan City, a Do, within the jurisdiction of a Do, a Do, within the jurisdiction of the Special Metropolitan City and an autonomous Gu (Article 3(2) and an autonomous Gu).

(Article V(2)(c).

1. When the implementation of the self-government system under the Local Autonomy Act was scheduled, the adjustment of the property between the defendant and the autonomous Gu to be newly constituted was required, and accordingly, the Minister of Home Affairs issued the guidelines for adjustment of property to the defendant on May 18, 1987, and the Minister of Home Affairs in accordance with this guidelines.

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