2013Da214840 Registration of transfer of ownership

Korea

1. Seoul Special Metropolitan City;

2. Yongsan-gu;

Seoul High Court Decision 2013Na2005020 Decided October 8, 2013

February 13, 2014

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court held that the Plaintiff cannot be deemed to have transferred the ownership of each of the instant land to the Defendant Seoul Special Metropolitan City pursuant to Article 5 of the Addenda of the former Cadastral Act (wholly amended by Act No. 2801, Dec. 31, 1975; hereinafter the same) on the premise that the term “consultation with the Minister of Finance and Economy” under Article 5 of the Addenda of the former Cadastral Act (wholly amended by Act No. 2801, Dec. 31, 1975; hereinafter the same) was an essential element for the agreement on transfer of ownership

In light of the records, the above judgment of the court below is just and acceptable, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to the interpretation of Article 5 of the Addenda of the former Cadastral Act.

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

Justices Park Poe-dae

Justices Yang Chang-soo

Justices Go Young-young

Justices Kim Chang-suk