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(영문) 대법원 1969. 2. 18. 선고 68다2464 판결
[공유물분할][집17(1)민,205]
Main Issues

In the state of reserved land for replotting, the claim for partition by the previous lot number and the co-owned property cannot be made.

Summary of Judgment

In the status of reserved land for replotting, it is not possible to request the partition of the common property by the previous lot number and land register.

[Reference Provisions]

Article 57 of the Land Readjustment Projects Act

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Republic of Korea and two others

Judgment of the lower court

Seoul High Court Decision 66Na3401 delivered on November 22, 1968, Seoul High Court Decision 66Na3401 delivered on November 22, 1968

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

We examine the Plaintiff’s agent’s grounds of appeal.

It is true that, as noted in Eul evidence No. 5, it is true that the Special Metropolitan City Mayor, a Special Metropolitan City Mayor, on December 4, 1965, had a defect with respect to the land in which he had the Central Partitioned Zone for Land Partitioned in accordance with Article 728 of the Seoul Special Metropolitan City Public Notice No. 728, Dec. 14, 1962, which was a replotting disposition. In other words, the land of 1401, which the plaintiff holds ownership, is a single substitute lot with another nine lots of lots of lots of lots ( Address 1 omitted) and 473 square meters as its reserved lot. If the plaintiff claims a partition of co-owned property on the land for which a replotting disposition becomes final and conclusive, the Seoul Special Metropolitan City Mayor, etc., has to dismiss the plaintiff's claim for a partition in accordance with the previous protocol and drawings, and thus, it is not possible to dismiss the plaintiff's claim for a partition. In this sense, the court below's appeal cannot be dismissed as it is without merit.

This decision is consistent with the opinions of the involved judges.

The judges of the Supreme Court (Presiding Judge) of the Red Net Sheet

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