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(영문) 대법원 1970. 4. 28. 선고 69다1688,1689 판결
[부당이득금반환(본소),소유권이전등기말소(반소)][집18(1)민,351]
Main Issues

Any registration of replotting which remains effective as a registration of replotting shall be limited to the registration on the previous land at the time of the public announcement of the replotting disposition, and any registration of replotting for the previous land after the public announcement shall not be effective as a registration of replotting even if it was made before the registration of replotting.

Summary of Judgment

The registration of replotting shall continue to be effective as the registration of replotting shall be limited to the registration on the previous land at the time of the public announcement of replotting disposition, and the registration of replotting for the previous land after the public announcement shall not be effective as the registration of replotting even if it was made before the registration of replotting.

[Reference Provisions]

Article 62 of the Land Readjustment Projects Act

Plaintiff (Counterclaim Defendant), Appellee

Kim Jong-sung

Defendant (Counterclaim Plaintiff)-Appellant

Kim Hong-han

Judgment of the lower court

Daejeon District Court Decision 68Na203, 342 delivered on August 27, 1969

Text

The original judgment shall be reversed, and

The case shall be remanded to Daejeon District Court Panel Division.

Reasons

The defendant's agent's ground of appeal is examined.

According to the reasoning of the judgment, the court below found that the non-party 2's share registration for the above previous land was valid at the time of replotting disposition on the ground that the non-party 5's share registration for the above previous land was valid at the time of replotting disposition on the ground that, although the non-party 2's share registration for the previous land was completed after the replotting disposition became final and conclusive at the time of 7th of December 5th of 1963, the non-party 1's share registration for the above previous land was not valid at the time of replotting disposition, since the non-party 2's share registration for the previous land was registered for the previous land before the replotting disposition became final and conclusive at the time of 107th of 9th of 5th of 107 (number omitted) and the non-party 10th of 8th of 10th of 104 (number omitted)'s share registration for the above land as the substitute ownership registration for the above previous land after the replotting disposition became effective at the time of 6th of the land substitution disposition.

Therefore, it is decided as per Disposition by the assent of all participating Justices on the bench that it is unnecessary to determine the remaining grounds of appeal.

Justices of the Supreme Court (Presiding Judge) Kim Young-chul Kim Young-ho (Presiding Judge)

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