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(영문) 대법원 1962. 6. 7. 선고 62누3 판결
[행정처분취소][집10(3)행,005]
Main Issues

Claim for the revocation of farmland distribution which is not subject to an administrative litigation

Summary of Judgment

A claim for the cancellation of farmland distribution shall not be subject to civil litigation and administrative litigation.

[Reference Provisions]

Article 2 (1) of the Act on the Disposal of Property Belonging to Jurisdiction, Article 22, Article 23 of the Farmland Reform Act, Article 24 of the same Act before the amendment

Plaintiff-Appellant

Park Il-il

Defendant-Appellee

Busan City Mayor

Judgment of the lower court

Daegu High Court Decision 61Na38 delivered on November 27, 1961

Text

We reverse the original judgment.

The merits shall be dismissed.

All litigation costs shall be borne by the plaintiff.

Reasons

According to the plaintiff's cause of claim and purport of claim based on the records of this case, the plaintiff was originally owned as farmland, which is originally owned by the court below, and the Corporation completed July 17, 1943 and April 17, 1957 was authorized to dispose of substitute land upon approval of a plan for market price of March 1, 1939, and the plaintiff was completely made on December 11, 1958 and the completion of construction was announced on December 30, 1958. Thus, the plaintiff was completely made a site after purchasing the land of this case as a government-owned authority from May 10, 1957 to complete the transfer of ownership, and the defendant was not entitled to revocation of the above farmland distribution under the premise that it is farmland distribution by the court below's decision 16th of April 18, 1960 to the non-party 1, 200, which is not subject to revocation of the previous administrative litigation (the court below's decision 196th of April 18, 19607).

The judge of the Supreme Court (Presiding Judge) Mag-Mag-man (Presiding Judge) Mag-Mag-Mag-ri, the Mag-Mag-ri,

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