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(영문) 서울고등법원 2016.04.14 2015누56238
택지수분양권자 지위확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

Details of the disposition

This Court's explanation is identical to the corresponding part of the judgment of the court of first instance except for the addition of the following matters. Thus, this Court's explanation is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

① On May 13, 2015, following the third eighth (8th) judgment of the first instance court, the Plaintiff filed an application for “as to the Defendant through his/her legal representative to select the Plaintiff as a person subject to relocation measures and to supply the Plaintiff’s housing site on July 1, 2014 and on July 2, 2011 of the same year, on which the Plaintiff requested that the Plaintiff supply the said housing site. However, as the Plaintiff did not receive a reply, the Defendant filed an application for “a notice of the provisional disposition or notification.” However, on May 21, 2015, the Defendant referred to as “the date attached to the previous delivery,” and, in this regard, added to “the reason that the Plaintiff would have known that the subsequent lawsuit would be dealt with after examining the issuance of the judgment of the previous lawsuit according to the progress of the lawsuit.”

(2) The 3rd 10th th th th th th th th th th th th th th th th th th th th th th th th th th th th

The court's explanation on the legitimacy of the disposition of this case is identical to the corresponding part of the judgment of the first instance except for the addition of the following matters. Thus, this part is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

1. Following the 13th anniversary of the decision of the first instance, the phrase “Nos. 19 through 25” shall be added.

(2) The following shall be added to the fourth fifteenth sentence of the first instance court:

The Plaintiff’s resident registration from August 28, 2002 to October 25, 2004, and from October 4, 2005 to December 19, 2005, deemed that the Plaintiff transferred his domicile to Gwangju City H was reduced to KRW 683 square meters in division on August 11, 2009, while the area was 929 square meters in total on October 17, 201.

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