logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고법 1971. 9. 8. 선고 69구62 특별부판결 : 상고
[행정처분무효확인(취소)청구사건][고집1971특,403]
Main Issues

The purpose of the Act is to prescribe the date of the administrative disposition for the designation of reserved land.

Summary of Judgment

"Date of administrative disposition" in the designation and disposition scheduled for replotting is not the date when the disposition itself is established, but it is interpreted as the date when the owner of the land concerned gives written notice to the owner of the land so that he/she can know of the fact of the disposition, i.e. the date when the designation and disposition takes effect.

[Reference Provisions]

Article 3 of the Sub-Appeal Act

Plaintiff

Plaintiff

Defendant

Head of Gun;

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Purport of claim

On January 22, 1968, the disposition of replotting taken by the defendant against the plaintiff's previous land of 15 square meters, 6th 6th son's 15th 6th son's 6th son's 48th 49th Do-ri.

Litigation costs shall be borne by the defendant.

Reasons

First, we examine the defendant's main defense of safety.

The defendant asserted that this case's administrative disposition was in January 22, 1968, and the plaintiff filed a lawsuit against the non-party 1 on Sep. 5, 1969 even though the non-party 1 received the notice of designation of disposition of disposition of land substitution for replotting on Feb. 23, 1968. This case's lawsuit is illegal after one month from the date when the non-party 1 became aware of the administrative disposition, and three months from the date of the administrative disposition, and therefore, the lawsuit should be dismissed due to defects in the litigation condition. Thus, it cannot be viewed that the non-party 1, 2, 3, and 4's testimony and evidence 13's testimony were delivered to the plaintiff, or otherwise, it cannot be viewed that the non-party 5's testimony and evidence No. 77 were not disputed and that the non-party 1's notification of the above disposition of land substitution for replotting for replotting for the purpose of interpreting the above disposition was made within 196 months from the date of non-permission.

The following arguments are examined.

According to the above 168.1.22, the defendant's construction of the above 3-1-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-7-7-7-7-7-7-7-7-7-6-7-7-7-7-7-6-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7-77-7-7-77-77-7-77-77-77-77-77-7-7-7-7-7-7

Therefore, the plaintiff's claim is dismissed and the costs of lawsuit are assessed against the losing party. It is so decided as per Disposition.

Judges Lee Jae-ho (Presiding Judge)

arrow