The case holding that the disposition taken to correct the volume of the land, which is the unfilled land, shall be null and void even if it is not the land

Even though the Plaintiff had not been subject to a disposition of non-party on the land which had been possessed by the Plaintiff from 8.15 days before, the administrative disposition corrected in quantity to the non-party is null and void.

Article 15 of the Act on the Disposal of Property Belonging to Jurisdiction; Article 1 of the Administrative Litigation Act

Daegu City

Head of North Daegu Tax Office

The defendant confirmed that the administrative disposition that the defendant sold the real estate listed in the annexed Form 1, 2, and 3 dated August 21, 1958 to the Kim Yong-ran was null and void.

Litigation costs shall be borne by the defendant.

The same shall apply to the order.

1. The real estate listed in the list Nos. 1, 2, 3, 4, 5 is originally reverted to the original property, and the real estate listed in the list Nos. 1, 2, 3 is received from the Director-General of the Office of Administration at the time of Non-Party 1, the Office of Administration at the time of Non-Party 1, who was divided into nine lots of land listed in the list Nos. 1, 2, 4, 5.

2. The fact that the non-party Kim Yong- Yong does not own his own possession, and the site in the 4,5 list that was the 1,2 list that was the 1,000 list that was the 4,000 list was the 1,00 list that was the 1,000 list was the 1,00 list that was the 4,000 list was the 4,000 list that was the 1,000 registry that was the 1,000 registry that was the 1,000 registry that was the 4,

3. The fact that the non-party Kim Yong- Yong completed the ownership transfer registration procedure before himself on the ground of the above pit, and the non-party 2 completed the ownership transfer registration procedure with the non-party 3 on August 3, 1956, and the non-party 3 occupied by the delivery of the 1,2 list of the land actually purchased, the non-party 3 found that the 1,2 list of the land actually purchased was registered as a state around 1970, and that the 1,2 list of the land was registered as a state on December 23, 1970 with the defendant on the 1,2 list.

4. The annexed list Nos. 4 and 5, together with the above-ground building, used by the boundary of the boundary in a fire station since 8.15 Seas since the 8.15 Seas. Since Jan. 1963, the fact that the plaintiff removed the above-ground building and established and used the North-gu public health clinic in the site is no dispute between the parties.

Therefore, the annexed list Nos. 4 and 5 is the land which the plaintiff possessed on the basis of the right of annual interest before August 15, 195 and has not been disposed of against the non-party Kim Yong. Thus, since the real estate recorded in the annexed list Nos. 4 and 5 came to exist on April 21, 1954, the administrative disposition corrected in the quantity of the real estate left to it is null and void. Since the plaintiff has a benefit to seek confirmation, the plaintiff's claim for objection is justified, and it is so decided as per Disposition by applying Article 14 of the Administrative Litigation Act, Article 89 of the Civil Procedure

[Attachment]

Judges Sho-ho (Presiding Judge) Nowho-ho