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(영문) 대법원 1962. 5. 17. 선고 62누10 판결
[환지예정지결정처분취소][집10(2)행,054]
Main Issues

(a) the designation of the reserved land in the rearrangement of the land partitioning takes effect as notification to the owner of the land;

(b) An entry into force of the above designated disposition;

Summary of Judgment

(a) "Date of the administrative disposition" as referred to in Article 3 of the Subpact means the date on which the owner of the land concerned is notified of the designation of the reserved land for replotting and becomes effective;

(b) The disposition of designating the reserved land for replotting is an administrative disposition that has the other party, and becomes effective by notifying the relevant landowner thereof.

[Reference Provisions]

Article 35(2) of the Decree on Urban Planning; Article 47 of the Decree on the Market Price of Shipbuilding; Article 3 of the Sub-Appellant Act

Plaintiff-Appellant

Lee Hong-ray

Defendant-Appellee

Incheon Market

Judgment of the lower court

Seoul High Court Decision 60Da110 delivered on January 23, 1962

Text

We reverse the original judgment.

The case is remanded to Seoul High Court.

Reasons

The gist of the plaintiff's grounds of appeal is that the plaintiff can file a lawsuit against the above administrative disposition within one month from the date of knowing that there was an administrative disposition, and the original judgment is erroneous in the determination of the court below in accordance with the Ordinance of the Ministry of Land, Infrastructure and Transport, and the land owner's individual notification is not necessarily required in accordance with the law because it does not necessarily require the land owner's individual notification in accordance with the relevant laws and regulations concerning the rearrangement of the land plan. Thus, the disposition of the land substitution in this case's land substitution has a huge interest in the owner of the land, so it is not necessarily an administrative disposition that requires written notification individually to the owner of the land, and it is not reasonable to recognize that the decision of the land substitution in this case's land substitution in this case's land substitution in this case's land substitution in this case's land substitution in this case's land substitution in this case's land substitution in this case's land substitution in this case's land substitution in this case's land substitution in this case's land substitution in this case's land substitution in this case's land substitution.

Therefore, according to Article 14 of the Administrative Litigation Act and Article 406 of the Civil Procedure Act, it is decided as per Disposition by the assent of all participating judges.

[Judgment of the Supreme Court (Presiding Judge) Na-Jap (Presiding Judge) Dog-Jak and Mag-Jak, the maximum Magman Mag-ri

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