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(영문) 대구고등법원 2015.10.23 2015누5192
토지대장신규등록 취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds alleged in the trial of the court of first instance are not significantly different from the contents alleged by the plaintiff at the court of first instance, and even if all the evidence submitted at the court of first instance and each statement in Gap evidence, submitted at the court of first instance, the plaintiff does not have standing to sue since there is no legal interest to seek revocation of the registration of this case, and the act of registering certain matters on the land cadastre cannot be deemed an administrative disposition subject to appeal litigation. Even if the disposal nature is recognized, the judgment of the court of first instance, which dismissed the lawsuit of this case on the ground that the period of filing the lawsuit of this case is excessive, is justified.

Therefore, the court's explanation on the instant case is identical to the statement on the grounds of the judgment of the court of first instance, and thus, citing it as is by Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The decision of the court of first instance is justifiable in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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