Main Issues
Even though a lot of land has been changed to more land due to a lot of land substitution, there may be no influence on the part before the lot of land substitution unless the parties to the existing sectional ownership cancel the relationship and the divided ownership is not owned again in any way.
Summary of Judgment
Even if a change is made to more land due to replotting, there may be no influence on the portion before replotting, unless the parties cancel the existing sectional ownership and the divided ownership is not re-owned in any way.
[Reference Provisions]
Article 57 (1) of the Land Readjustment Projects Act
Plaintiff (Counterclaim Defendant) and appellant
Manick Country
Defendant (Counterclaim Plaintiff)-Appellee
Oral formula
Judgment of the lower court
Seoul Civil Area, Seoul High Court Decision 68Na872, 69Na536 delivered on July 3, 1970
Text
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff's counterclaim defendant.
Reasons
The grounds of appeal by the Plaintiff-Counterclaim Defendant (hereinafter referred to as the “Plaintiff”) are examined.
If we look at the facts established by the court below by comparing it with the evidence that the plaintiff had been admitted, the non-party 1's former 29 square meters of 254 square meters of 47 square meters of 254, but the plaintiff was 22 square meters of 20, and the non-party 1's square meters of 33 square meters of 9, respectively, but the plaintiff purchased the non-party 1's shares of 16-7 shares of 22/29 of 1967, and the non-party 2's shares of 16-7 shares of 16-7 and the non-party 4's shares of 16-7 shares of 1967 were purchased from the non-party 2's previous 1's 6-7 non-party 1's 6-party 2's 6-party 1's 6-party 2's 1's 7-party 1's 7's 1'68's shares of 1'
Therefore, the appeal is dismissed and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)