A. Interpretation of the period for exercising the repurchase right under Article 9(1) of the Special Act on the Acquisition of Land for Public Use and Compensation for Loss

(b) In the case above, the exercise method of the redemptive right.

(a) The purport of Article 9(1) of the Special Act on the Compensation for Public Loss and Compensation of Losses that read, “The purchase may be made within one year from the date of acquisition or ten years from the date of acquisition,” is that the repurchase right may be exercised within one year from the time of acquisition, if the land becomes unnecessary within ten years from the date of acquisition, and even if ten years from the date of acquisition, if ten years have not passed from the date of acquisition, the repurchase right holder may exercise the repurchase right lawfully.

B. Repurchase is established, regardless of the project operator’s intent, by unilaterally paying the redemption money when the requirements for repurchase occur during the period of repurchase, and by unilaterally declaring the intent of repurchase.

Article 9 of the Public Compensation for Loss

A. Supreme Court Decision 73Da1747 delivered on February 24, 1976

[Judgment of the court below]

Attorney Gangnam-gu, Seoul Special Metropolitan City

Seoul High Court Decision 85Na2534 delivered on June 18, 1986

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal by the Plaintiff’s attorney are also examined.

1. According to Article 9(1) of the Special Act on the Compensation for Public Loss and Compensation for Losses, if the whole or part of the acquired land, etc. due to the discontinuation, alteration, or any other cause of the relevant public project within 10 years from the date of acquisition, becomes unnecessary, the owner of the land, etc. at the time of acquisition or his/her general successor shall 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 within 10 years from the date of acquisition, and the purport of Article 9(1) of the Special Act on the Compensation for Public Loss and Compensation for Losses. The purport of the provision that the land may be purchased within 10 years from the date of acquisition, or within 10 years from the date of acquisition, if the land becomes unnecessary, the repurchase right holder may exercise the repurchase right within 10 years from the time of acquisition, and even if 10 years have not passed from the date of acquisition, the repurchase right holder may exercise the repurchase right lawfully.

2. However, according to the reasoning of the judgment below, in the case where the defendant, as part of an urban planning project, publicly announced each of the lands listed in the annexed list of the judgment below, which was originally owned by the plaintiff as land scheduled for the remaining circulation, as part of the urban planning project, the ownership is acquired between the plaintiff and the defendant on December 29, 197, and the registration of ownership transfer is completed under the name of the defendant on December 20, 197, but the land stated in the purport of the judgment below (hereinafter referred to as the "land of this case") among the above lands is unnecessary for the above urban planning project due to partial alteration of urban planning lines, and the fact was publicly announced under Article 72 of the Seoul Special Metropolitan City Public Notice 3.27, 1980, and the plaintiff received 3,978,000 won from the defendant on February 27, 1980, and the defendant provided the above land equivalent to the compensation money of this case to the plaintiff on the premise that the above land should be purchased within 197 years of the plaintiff's right to repurchase.

3. Therefore, when the requirements for repurchase occur within the period of repurchase, the repurchase is established regardless of the project operator’s intent by unilaterally paying the repurchase price to the repurchase right holder when the requirements for repurchase occur, and by unilaterally declaring the intent of repurchase. Therefore, the court below is justified in holding that the Plaintiff, the repurchase right holder of the land of this case, should make a prior payment to the Defendant (actual offer) and make a declaration of intention of repurchase.

However, as seen earlier, since the period of repurchase of the land in this case is within 10 years from the date of acquisition by the defendant, the plaintiff expressed his intention to repurchase to the defendant. Even if the land in this case was unnecessary for the defendant's urban planning project and it was 1 year from March 2, 1978 to the public notice of such fact, it is apparent that it was within 10 years from December 29, 1977, which the defendant acquired the ownership of the land in this case from the plaintiff through consultation, and if the plaintiff repaid 3,978,000 won, which is equivalent to the compensation received from the defendant on October 28, 1985, it cannot be deemed that the plaintiff provided the amount equivalent to the compensation within the period of repurchase, and therefore, the plaintiff cannot be viewed as being 17 years from March 27, 1978 when the land in this case became unnecessary for the defendant's urban planning right to repurchase, it cannot be viewed that the plaintiff's objection to the above land in this case was unlawful.

4. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating judges.

Justices Park Jong-dong (Presiding Justice)