The time of occurrence of loss due to the execution of illegal land readjustment project;

In the case of a land readjustment project, where a project operator carries out a project without taking a disposition of the designation of land substitution for the land and without taking a disposition of the payment of liquidation money for the land, the damage of the land owner occurs only after the previous land ownership is extinguished by the final public announcement of land substitution. Therefore, the decision of the court below to reject the plaintiff's claim seeking compensation

Article 750 of the Civil Act, Article 62 of the Land Readjustment Projects Act

[Defendant-Appellee] Plaintiff 1 et al.

Seoul Metropolitan Government

Seoul High Court Decision 75Na360 delivered on December 19, 1975

The appeal shall be dismissed. The costs of appeal shall be borne by the plaintiff.

The grounds of appeal are examined.

1. The majority opinion of the court below stated that road works have not been completed is interpreted as the indication of the clerical error in terms of the meaning that the land substitution has not been determined in comparison with the entry in the report of the first instance court in comparison with the entry of the report of the confirmation of the first instance. In this case, whether road works have been completed or not does not give a written complaint against the conclusion of the case. Therefore, the theory of this point is without merit.

2. In the course of performing the land partition rearrangement project, the owner of a parcel of land does not directly provide the land without compensation. If the project operator loses the ownership of the land through the final public announcement of the land substitution disposition as well as not designating a substitute lot for the land, the project operator shall be deemed to illegally implement the land rearrangement project within the scope of the land and shall not be exempted from liability for tort against the land owner, and the amount of damages shall not exceed the settlement amount anticipated at the time the settlement amount is assumed to be paid for the land. The purpose of this study is that the damages arising from the land rearrangement project as above is that the ownership of the previous land is extinguished by the land substitution final public announcement (Article 62 of the Land Partition Adjustment Act) and the amount of damages shall not exceed the settlement amount due to the execution of the project and shall not exceed the settlement amount legally determined (see Article 74Da1548, Apr. 22, 1975).

Under this view, the measure of rejecting the plaintiff's claim for damages due to the execution of a land readjustment project in this case in which the judgment of the court below did not make a final public announcement of land substitution shall not be adopted, and the theory of opposing the decision of the court below

Therefore, the appeal shall be dismissed and the costs of the lawsuit shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeong Tae-won (Presiding Justice)