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(영문) 대법원 1970. 11. 24. 선고 70다1640,1641 판결
[건물철거등][집18(3)민,287]
Main Issues

Even though a lot of land has been changed to more land due to a lot of land substitution, there may be no influence on the part before the lot of land substitution unless the parties to the existing sectional ownership cancel the relationship and the divided ownership is not owned again in any way.

Summary of Judgment

Even if a change is made to more land due to replotting, there may be no influence on the portion before replotting, unless the parties cancel the existing sectional ownership and the divided ownership is not re-owned in any way.

[Reference Provisions]

Article 57 (1) of the Land Readjustment Projects Act

Plaintiff (Counterclaim Defendant) and appellant

Manick Country

Defendant (Counterclaim Plaintiff)-Appellee

Oral formula

Judgment of the lower court

Seoul Civil Area, Seoul High Court Decision 68Na872, 69Na536 delivered on July 3, 1970

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff's counterclaim defendant.

Reasons

The grounds of appeal by the Plaintiff-Counterclaim Defendant (hereinafter referred to as the “Plaintiff”) are examined.

If we look at the facts established by the court below by comparing it with the evidence that the plaintiff had been admitted, the non-party 1's former 29 square meters of 254 square meters of 47 square meters of 254, but the plaintiff was 22 square meters of 20, and the non-party 1's square meters of 33 square meters of 9, respectively, but the plaintiff purchased the non-party 1's shares of 16-7 shares of 22/29 of 1967, and the non-party 2's shares of 16-7 shares of 16-7 and the non-party 4's shares of 16-7 shares of 1967 were purchased from the non-party 2's previous 1's 6-7 non-party 1's 6-party 2's 6-party 1's 6-party 2's 1's 7-party 1's 7's 1'68's shares of 1'

Therefore, the appeal is dismissed and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)

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