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(영문) 서울고등법원 2015.10.14 2015나8515
소유권이전등기 등
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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning for the court’s explanation as to this part of the underlying facts is that “The real estate listed in paragraph 4 of the attached Table (hereinafter “instant real estate”) is “the real estate listed in the attached Table (hereinafter “instant real estate”)”, and that “The real estate is pending in the Supreme Court at the present Supreme Court (2014Du13782) by the 7th and the 7th 11 and 12th 12 of the judgment of the court of first instance,” except that the pertinent part of the grounds for the judgment of the court of first instance (from No. 47 to No. 92 of the judgment of the court of first instance) is as stated in the attached Table No. 420 of the Civil Procedure Act.”

2. Determination on this safety defense

A. On January 27, 2015, the Defendant asserted that the Plaintiff was authorized by the head of Songpa-gu Office to execute a management and disposal plan concerning the reconstruction project of this case, and the above management and disposal plan provides for the payment method of settlement money. Since the dispute concerning settlement money is a dispute concerning the management and disposal plan, which is an administrative disposition, this case can only be subject to administrative litigation, and it cannot be subject to civil litigation.

The Housing Reconstruction Project Association under the Urban Improvement Act is a public corporation that implements the housing reconstruction project under the supervision of the competent administrative agency, and has the status of an administrative agency that performs certain administrative actions within the scope of its purpose, as prescribed by the Act and subordinate statutes.

However, the legal relationship surrounding the obligation of the registration of real estate transfer between the reconstruction project partnership and the members or the persons subject to cash settlement falls under the private legal relationship based on the sales contract between the equal parties, such as the claim for sale under the Aggregate Buildings Act.

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