(심리불속행) 물납허가는 재량행위로 볼 여지도 있음[국승]
Daejeon District Court-2017-B-113608 ( November 08, 2018)
(Incompetence of Trial) Permission of payment in kind may be viewed as discretionary act.
(main point of view) Permission for payment in kind is likely to constitute a discretionary act under the relevant legal provisions, and it is difficult to deem that there is an error of disposal because it constitutes an inappropriate property for management and disposition because the land subject to payment in kind constitutes a land substitution for replotting
2018Da296274 Undue gains
Park AA
Korea
March 14, 2019
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff (Plaintiff).
Although all of the records of this case and the judgment of the court below and the appeal were examined, the argument on the grounds of appeal does not include the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Trial Procedure, or does not have any reason. Therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by the assent of