Main Issues

Where there is a designation of land scheduled for replotting under the Ordinance of the City of Shipbuilding, the right to lease the previous land.

Summary of Judgment

In the event that there was a designation of the land scheduled for substitution under the Decree on the Plan of the Joseon City, and the enactment of the Rules on the Use of the land scheduled for substitution under Article 5 (2) of the Enforcement Decree of the Decree on the Improvement of the Land of Shipbuilding and the authorization under Article 141 (1) (3) of the Enforcement Rule of the Decree on the Plan of the Land of Shipbuilding (Abolition) has been made, the previous land owner shall lose the right to use and benefit from the land.

[Reference Provisions]

Article 6 of the Decree on the Market Price of Shipbuilding; Article 47(1) of the Decree on the Market Price of Shipbuilding; Article 12 of the Enforcement Rule of the Decree on the Market Price of Shipbuilding; Article 141(1) and (3) of the Enforcement Rule of the Decree on the Market Price of Shipbuilding; Article 14 of the Enforcement Rule of the Decree on the Market Price of Shipbuilding; Article 24(4) of the Decree on the Improvement of Land of Shipbuilding; Article 5(2) of the

Plaintiff-Appellee

Rabrics

Defendant-Appellant

Daejeon Secretary-General;

Defendant Intervenor, Appellant

Song-in and 14 others

Judgment of the lower court

Seoul High Court Decision 59Do89 delivered on July 12, 1960

Reasons

According to the judgment of the court below, the defendant, on April 12, 428, leased 45 square meters to the plaintiff out of 71 square meters in the Daewon-dong, which was decided as a plaza by the urban planning in the large exhibition on April 12, 428, and the land was replaced by the neighboring land regardless of rent occupation or possession by the defendant's assistant intervenor, etc., and the land is not subject to expropriation. Therefore, it is not subject to the application of Article 6 of Joseon City Planning Decree and Article 12 of the Enforcement Rule of the same Decree, and therefore, the lease contract for the land was legitimate. However, if it is necessary for the plaintiff to adjust the land area to be implemented, the administrative agency may order the owner of the building or other structure located within the zone to relocate the land to the land scheduled for replotting after designating the land scheduled for substitution or remove the land scheduled for substitution, and the previous land owner's right to use and make use of and benefit from the land scheduled for substitution can not be determined by the former Enforcement Rule of the Act.