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(영문) 대법원 2017. 03. 27. 선고 2016다277446 판결
소유권보존등기 당시 담당공무원이 평균적 공무원이 갖추어야 할 통상의 주의를 기 울이지 않아 손해를 입혔는지 여부[국승]
Case Number of the immediately preceding lawsuit

District Court-2015-B-5442 ( November 18, 2016)

Title

Whether a public official in charge of registration of initial ownership causes damage because he/she does not have an ordinary duty to have an average public official at the time of registration of initial ownership;

Summary

At the time of completion of registration of preservation of ownership of the key land of this case, the registration of preservation of ownership does not constitute a case where the registration of preservation of ownership was completed with excessive attention to the fact that the public official in charge of the same duties was aware that there was no ground for nationalization of the land of this case if he had paid an ordinary attention to the average public official in charge

Related statutes

Civil Procedure Act

Cases

2016Da277446 Registration, etc. of transfer of ownership for the restoration of real name.

Plaintiff

Leap A et al. 2

Defendant

Korea

Conclusion of Pleadings

on October 27, 2017

Imposition of Judgment

on October 27, 2017

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The petition of appeal filed by appellant does not state the grounds of appeal, and the appellate brief within the statutory period.

Article 429 of the Civil Procedure Act and Article 5 of the Act on Special Cases Concerning the Procedure for Final Appeal

It is so decided as per Disposition by the assent of all participating Justices.

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