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(영문) 대법원 1970. 9. 17. 선고 70누99,100,101 판결
[임야지적복구취소등][집18(3)행,015]
Main Issues

(a)the restoration and entry in the forestry cadastral book and forestry cadastral map are not an administrative action subject to the administrative litigation;

B. In the case of a consolidation of related lawsuits under Article 7 of the Administrative Litigation Act, the requirement is that the administrative litigation, which is the original litigation, is legitimate.

Summary of Judgment

(a) An act of restoration or entry in the forestry cadastral book and forestry cadastral map shall not be an administrative disposition subject to an administrative litigation;

B. In the case of consolidation of related lawsuits under Article 7 of the former Administrative Litigation Act (Act No. 213 of Aug. 24, 51), the requirement is that the original administrative litigation is legitimate.

[Reference Provisions]

Article 1 of the Administrative Litigation Act, Article 7 of the Administrative Litigation Act

Reference Cases

Supreme Court Decision 67Nu149 Decided January 23, 1968

Plaintiff-Appellant

Plaintiff 1 and two others

Defendant-Appellee

Gangwon-do Chuncheon Group

original decision

Seoul High Court Decision 69Gu305 delivered on June 2, 1970

Text

Each appeal shall be dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The judgment of the plaintiffs 1 and 3's grounds of appeal, the act of entering the plaintiff 1 and 3's owner in the forest cadastral book kept by the defendant and the act of compiling the forestry cadastral map shall be deemed as materials for convenience in the execution of administrative affairs and certification of facts. It does not have the effect of newly granting or losing the ownership of the forest land under the substantive law to the registrant, but it shall be a party member's opinion (refer to Supreme Court Decision 67Nu149 delivered on January 23, 1968). In this case, when the defendant restored the forest cadastral book and the forestry cadastral map were incorporated into the non-party in the forest cadastral map and forestry cadastral map as alleged by the plaintiffs, the act of entering the forest owned by the plaintiffs in the forest cadastral map and forestry cadastral map shall not affect the relation of the substantive law of the plaintiffs' forest land. In addition, in the case of a lawsuit related to Article 7 of the Administrative Litigation Act, the act of restoring the forest land shall not be deemed as an administrative disposition, which becomes a legitimate cause for dismissal of the plaintiffs's claim.

The judgment of the court below that judged under the above purport is just, and there is no error in the incomplete hearing or judgment, or there is no error in the misapprehension of the exclusive jurisdiction, and ultimately, the judgment of the court below is merely an independent opinion to criticize the judgment of the court below.

Plaintiff 2 is dismissed by applying Article 14 of the Administrative Litigation Act and Article 399 of the Civil Procedure Act, since Plaintiff 2 did not state the grounds for appeal in the petition of appeal and did not submit the grounds for appeal within the statutory period.

Therefore, each appeal by the plaintiffs is dismissed as without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Supreme Court Judge Yang Byung-ho (Presiding Judge)

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