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(영문) 서울고법 1970. 6. 2. 선고 69구305,306,307 제1특별부판결 : 상고
[임야지적복구취소등피고사건][고집1970특,146]
Main Issues

Whether the act of restoring lost forest land to the public is an administrative disposition.

Summary of Judgment

An act of entering ownership relations, etc. in the forest land register and forestry map by assessing the forest land in order to restore the lost and lost forest land register is an act of using it as data for convenience in the execution of administrative affairs and certification of facts, and it cannot be deemed as an act of newly granting or losing the ownership of the forest land to the relevant registrant under the substantive law. Thus, it cannot be deemed an administrative disposition subject to administrative litigation.

[Reference Provisions]

Article 1 of the Administrative Litigation Act

Plaintiff

Plaintiff 1 and two others

Defendant

Gangwon-do Chuncheon Head of Gun

Conclusion of Pleadings

May 19, 1970

Text

The action shall be dismissed.

Litigation costs are assessed against the plaintiffs.

Purport of claim

(2) No. 4159, 7957, and 7970 of the registration of the Chuncheon District Court shall be confiscated. (3) The defendant's ownership of the plaintiff et al. ( plaintiff 1, 22, 92, 3, 88 information) shall be divided. The costs of the lawsuit shall be borne by the defendant.

Reasons

In summary of the reasons for the plaintiff's claim, since the defendant's act of dividing the forest land 182 to 402 to 7th parallel 7th parallel 7th parallel 139, non-party 2's information, non-party 3's information 19th parallel 9th parallel 99, and 1th parallel 29th parallel 1 information (non-party 6), the plaintiff 3 owned approximately 8 information, and the defendant 9th parallel 9th parallel 9th parallel 9th parallel 9th parallel 199, it is obvious that the defendant's act of removing the above forest land 9th parallel 9th parallel 9th parallel 19, and the defendant's act of removing the above forest land 9th parallel 19th 9th 9th 19th 19th 19th 16th 26th 196th 196th 26th 197th 202's remaining forest land owned by the plaintiff, etc.

Judges Kim Jung-tae (Presiding Judge)

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