logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.09.30 2016누37128
환지등기촉탁 부작위위법확인
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs thereof shall be individually considered.

Reasons

1. Grounds for a judgment of the court of first instance concerning this case are stated in this case. 2 B.

Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act shall be cited, as it is, inasmuch as the reasons for the judgment of the first instance are the same as those stated in the reasons for the judgment, except for the addition of the attached statutes.

【Supplementary Decision】 If the Plaintiff acquired ownership of the instant land after the land substitution on October 25, 201, which is the day following the public notice date of the instant land substitution disposition pursuant to Article 62(1) of the former Land Readjustment Projects Act, and on the other hand, the Defendant is obligated to apply for, or entrust, registration of change in rights due to a land substitution disposition within 14 days after the public notice of a land substitution disposition pursuant to Article 65(2) of the same Act. This is the purport of Article 65(2) and (3) of the former Land Readjustment Projects Act, which provides that an application for, or entrustment of, the registration of change in rights due to a land substitution disposition may not be filed until the time of the registration, and if there is a shortage in liquidation money, the Defendant shall be obliged to request the registration of the land substitution under Article 65(2) of the same Act, regardless of the Plaintiff’s payment of liquidation money, and the Defendant shall file an application for the registration of the land substitution disposition with the Defendant on January 15, 2015, 2015.

arrow