Effect of a decision on land expropriation against a deceased person;

If owners of land and persons concerned are unknown without any negligence of public project operators without consultation with them, their names and addresses are not stated in the application form for the adjudication, and thus they reached the adjudication without having them participate in the expropriation procedure. It cannot be said that the adjudication of expropriation has been made without having their owners of land or persons concerned known due to the negligence of domestic project operators, and even if the procedure was illegal due to the adjudication of expropriation without having their owners or persons concerned, the adjudication of expropriation cannot be deemed to be null and void only because the land owner, who is the other party to the adjudication of expropriation, is the deceased. Thus, the adjudication of expropriation cannot be deemed to be null

Article 25 of the Land Expropriation Act, Article 61 of the Land Expropriation Act, Article 64 of the Land Expropriation Act

Plaintiff

International Tourism Organization

Seoul High Court Decision 69Na2505 delivered on June 5, 1970

The part concerning the real estate recorded in the attached list 2 of the original judgment shall be reversed, and the case shall be remanded to the Seoul High Court.

The appeal on the remainder is dismissed.

With respect to each of the grounds of appeal by the defendant, the original judgment can be acknowledged in its reasoning that the procedure of expropriation against the non-party who died at the time of the adjudication on expropriation. Thus, since the living person related to the land is designated as the owner in the form of a living person and the land expropriation is not applicable to the case where the land expropriation is conducted, the above land expropriation disposition against the deceased person shall be null and void a year. However, in the land expropriation procedure, public project operators shall consult with the land owner (the heir at the time of death) and the person concerned to acquire or extinguish the right to the land, and if the consultation is not possible, public project operators may apply for the adjudication, stating the name and address of the land owner and the person concerned to participate in the expropriation procedure, and if the application is not known without the fault of the public project operators, it shall be determined that the non-party's consent cannot be deemed null and void a judgment without the consent of the land owner and the non-party's consent, and it shall be interpreted that the above land expropriation procedure cannot be justified due to the non-party's negligence.

With respect to the judgment on the real estate listed in the first list among the original judgment, there is no reason for appeal.

Therefore, according to Articles 400, 406, and 399 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.

Justices Yang Sung-soo (Presiding Justice)