Main Issues

Whether a notice of price determination of land for expropriation purposes is an administrative disposition or not under the old Joseon City Planning Ordinance;

Summary of Judgment

The notice of price assessment is not an administrative disposition for the land for expropriation of Busan City, which is a public project operator under the Decree on the Market Price Plan (Abolition), without consultation with the landowner.

[Reference Provisions]

Articles 8(1) and 2(1) of the Decree on the Land Expropriation, Articles 9, 8, 4(1), 4(2), and 12(1) of the former Decree on Land Expropriation, Articles 10 and 14 of the former Enforcement Decree of the Land Expropriation Ordinance, Article 3 of the Addenda to the Land Expropriation Act

Plaintiff-Appellant

School Foundation (Foundation Foundation prior to reorganization) and one other

Defendant-Appellee

Busan City Mayor

The court below

Daegu High Court Decision 64Gu5 delivered on November 19, 1964

Text

We reverse the original judgment.

Reasons

According to the records of the judgment below, the plaintiffs' purpose of lawsuit is to obtain an administrative disposition that decided on the purchase price of the land owned by the plaintiffs as stated in the separate list No. 1 and No. 2 as stated in the decision of the court below is clear. Thus, according to the records, the defendant, a public project operator, should examine whether the above decision of purchase price is an administrative disposition or not, as stated in Article 7 (2) and Article 8 (1) and Article 2 (1) of the Decree on the Land Expropriation and Land Expropriation. Since the defendant, a public project operator, who did not receive a copy of the decision of the court below, is presumed to have not been able to obtain an administrative disposition or a copy of the decision of the court below in accordance with the provisions of No. 1 and No. 15-2 of this Decree, which is presumed to have been Do governor's legitimate approval and announcement of the project under the provisions of No. 1 and No. 15-2 of this Decree, it is clear that the court below's determination on the land expropriation of this case is an administrative disposition.