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(영문) 서울고등법원 2015.10.28 2015나2030952
소유권이전등기 등
Text

1. On the counterclaim of the judgment of the court of first instance, including the Defendant-Counterclaim Plaintiff’s counterclaim claim expanded in the trial.

Reasons

1. The reasons why this court should explain this part of the facts of recognition are as follows: the real estate listed in paragraph (4) of the attached Table No. 19 of the judgment of the court of first instance (hereinafter “instant real estate”) shall be “real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant real estate”)”; the real estate listed in paragraph (5) of the attached Table No. 5 (hereinafter “instant five real estate”) shall be “real estate listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 5 (hereinafter “instant real estate”); and the real estate listed in paragraph (7) of the attached Table No. 7 of the attached Table No. 6 (hereinafter “instant seven real estate”) shall be “real estate listed in paragraph (3) of the attached Table No. 19 of the judgment of the court of first instance (hereinafter “instant three real estate”); each of the instant real estate shall be cited in the main sentence of Articles 1 and 20 of the Civil Procedure Act other than the corresponding part of the judgment.

2. Determination on this safety defense

A. On January 27, 2015, the Defendants asserted that the Plaintiff was authorized by the head of Songpa-gu Office to execute a management and disposal plan concerning the reconstruction project of this case, and the above management and disposal plan provides for the payment method of settlement money. As the dispute concerning settlement money is a dispute concerning the management and disposal plan, which is an administrative disposition, it can only be subject to administrative litigation, and it cannot be subject to civil litigation.

The Housing Reconstruction Project Association under the Urban Improvement Act is a public corporation that implements the housing reconstruction project under the supervision of the competent administrative agency, and has the status of an administrative agency that performs certain administrative actions within the scope of its purpose, as prescribed by the Act and subordinate statutes.

However, the legal relationship surrounding the obligation of registration of real estate transfer between the reconstruction project partnership and its members or cash liquidation recipients.

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