Main Issues
Even if it is illegal that the replotting is not determined or liquidation money is not delivered for the land A, the final disposition against the land A with the land substitution for another land shall not be naturally null and void.
Summary of Judgment
Even if land A is not determined replotting or liquidation money has not been given to land A, it cannot be automatically null and void until the final disposition with land A as substitute land of another land is made.
[Reference Provisions]
Article 61 of the Land Readjustment Projects Act
Plaintiff-Appellee
Park Jong-sik et al. and six others
Defendant-Appellant
Seoul Metropolitan Government
Judgment of the lower court
Seoul Civil Area and Seoul High Court Decision 69Na2277 delivered on December 30, 1970
Text
The part of the original judgment against the defendant is reversed, and the case is remanded to Seoul High Court.
Reasons
As to the ground of appeal No. 1 by Defendant’s Attorney
In its explanation, the original judgment is about the following reasons: (a) the 27th (3th (48th omitted) of the site in this case, which is the site in this case, was established as a facility for entry into and exit from the 48th (48th (48th omitted) of the building site in this case; (b) the plaintiffs' prior land purchase and still used as a private road in this case's 48th (3th) of the above (48th (4th omitted) of the building site in this case's 27th) of the above (17-2 and the same site in this case's 17th (17th omitted) of the Seoul (17th) of the building site in this case's office building in the police station in this case; and (c) the liquidation money and non-delivery of the land in this case's building site in this case's 17th) of the above 48th (48th) of the above (48th) of the above 2007th).
Therefore, it is so decided as per Disposition by the assent of all participating judges pursuant to Article 406 of the Civil Procedure Act.
The two judges of the Supreme Court (Presiding Judge) shall have jurisdiction over the Red Nets