The Ministry of Land, Infrastructure and Transport (hereinafter referred to as the "Special Act") shall pay 5,609,240 won as compensation in accordance with the provisions of the Public Act of the Compensation for Loss of Land, Infrastructure and Transport (hereinafter referred to as the "Special Act") to use each of the lands listed in the attached Table 1, which were owned by the Ministry of Land, Infrastructure and Transport from June 25, 198 to December 12 of the same year, as an industrial base development project for the complex No. 2 complex No. 357. The Ministry of Land, Infrastructure and Transport shall, after completing the registration of ownership transfer between July 7, 198 to January 13, 1979, the Ministry of Land, Infrastructure and Transport (hereinafter referred to as the "Defendant No. 2") and the Minister of Land, Infrastructure and Transport (hereinafter referred to as the "Defendant No. 398. 98. 98. 1. 1. 1. 1. 1988. 2. 1986. 2). 198.

2. Applicant's assertion

The gist of the reasons for the application of this case is that the Industrial Base Development Corporation actually completed the above Industrial Complex Development Project for about three years from the time when it acquired the land in this case from the above Park Park Jong-dae, and around that time, despite the request for repurchase of the remaining land which is the land excluded from the above Business, the construction completion authorization of the above project should be confirmed, but it shall be decided that it would be excluded from the above Business, and the defendant, who was the general successor, obtained the authorization of completion of the above project from the Construction Division until November 23, 1990. The applicants shall obtain the authorization of completion of the above project only after the lapse of 10 years from the date of acquisition of the above land in this case, which was confirmed to be unnecessary for the above project, and it shall be 10 years from November 23, 1990 to the date of the above approval of completion, which is unconstitutional. It shall be 9 years from the date of acquisition of the right of repurchase of the above land within 10 years from the date of acquisition of the above land in this case.

3. Judgment on the premise of judgment

Article 107 (1) of the Constitution of the Republic of Korea provides that "if the law is in violation of the Constitution, and becomes the premise of a trial, the court shall make a decision on it by the Constitutional Court," and Article 41 (1) of the Constitutional Court Act provides that "if the law is in violation of the Constitution, and becomes the premise of a trial, the court in charge of the relevant case (including a military court) shall make a request to the Constitutional Court ex officio or upon request of a party, by decision to decide on the constitutionality of the law." Thus, in order to propose a trial on the constitutionality of the law, the issue must be the premise of a trial on the constitutionality of the law. In addition, the term "the premise of a trial" refers not only to the case where the court has a different effect on the conclusion or order of the trial, but also to the case where the law in question is in violation of the Constitution, even if the main text of the trial does not affect the decision itself, or where the legal content and effect of the trial are entirely different, it shall be deemed that the judgment has a premise for each decision on the constitutionality of the Constitutional Court.

Therefore, in the above-mentioned case, the applicant’s requirements for repurchase right under Article 9(1) of the Act on Special Cases Concerning the Payment of Land, etc., “within 10 years from the date of acquisition of the land.” Article 9(1) of the Special Act provides that “If all or part of the land, etc. acquired due to the abolition of the public project within 10 years from the date of acquisition, is unnecessary, the owner of the land, etc. at the time of acquisition or his/her general successor may pay to the project operator the amount equivalent to the compensation paid for the land, etc. within 10 years from the date of acquisition, or 10 years from the date of acquisition, within 10 years from the date of acquisition, and thus, within 10 years from the date of acquisition of the above-mentioned land, it is necessary for the applicant to exercise the right of repurchase within 10 years from the date of acquisition of the land, etc., or within 10 years from the date of acquisition of the right of repurchase, and thus, it is unnecessary to exercise the right of repurchase within 16 years from the date.”

4. Conclusion

Therefore, since the applicant's request for an adjudication on the unconstitutionality of the above legal provision is unlawful as it is based on the premise that the above legal provision is the premise of a judgment, the request shall be dismissed as per the disposition (attached Form omitted).

Judges Goi (Presiding Judge) Goi (Presiding Judge)