Whether the land which is administrative property can be designated as a planned land substitution or replotting without disuse;

Where land located in a land readjustment project district is administrative property, it may be designated and disposed of as a land scheduled for replotting or land substitution even if the purpose of use is not discontinued.

Article 53 (2) of the Land Readjustment Project Act

[Judgment of the court below]

The legal representative of the Republic of Korea shall be the litigation performer appointed by the Minister of Justice

Seoul High Court Decision 79Na38 delivered on September 15, 1980

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal by the defendant litigant are examined.

The court below held that, in determining the legitimacy of the above disposition of replotting as stated in its reasoning, it cannot be said that there was an error of law by taking into account the purpose of the relevant provisions of the Joseon City Planning Ordinance, which was first implemented at the time of the designation of the above disposition of replotting, in determining the legitimacy of the above disposition of replotting, and that, even if the land is the administrative property for the implementation of the said project, if the land is within the zone designated as the land for replotting and rearrangement project, the land can be disposed of as the land for replotting or the land for replotting, and that the land cannot be disposed of as the land for replotting or the land for replotting as the land for replotting, as stated in its reasoning, even if the implementer of the land for replotting and rearrangement project was designated as the land for the purpose of the implementation of the land for replotting and rearrangement project, it cannot be said that the land for replotting and rearrangement project cannot be disposed of as the land for replotting and rearrangement project for the purpose of Article 26 of the current Ordinance of the Ministry of Land, Infrastructure and Transport since it did not go through legitimate procedures for abolition of the land substitution and rearrangement project.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Hong-chul (Presiding Justice)