The contents of the right to use and benefit from the land to be reclaimed and the right to remove buildings and other structures after the designation and disposal of the land to be reserved pursuant to Article 47 (1) of the former Enforcement Decree.

Where the designation of a land scheduled for replotting is disposed of, the previous landowner shall not acquire a right to use and benefit from the land scheduled for replotting or directly request the removal of the buildings and other structures constructed pursuant to the title from the previous land.

Articles 47 (1), 47 (2), and 13 of the Gu Urban Planning Ordinance, Article 24 of the Gu Urban Planning Ordinance on Land Improvement, Article 5 (2), and Article 140 (1) of the Gu Urban Planning Ordinance on Land Improvement

Supreme Court Decision 1959Na18 Decided December 14, 1961

Kim Young-Jon

Maximumization

Suwon District Court Decision 64Na927 delivered on September 9, 1965, 200

We reverse the original judgment.

The case shall be remanded to the Panel Division of the Seoul Civil District Court.

The gist of the ground of appeal No. 1 by Defendant 1 is that the Plaintiff, who was designated as the land scheduled for substitution, cannot be said to have the right to remove the building directly located in the land scheduled for substitution.

Article 47 (1) of the Decree provides that the administrative agency may order the owners of the buildings and other structures located within the land planned for substitution to relocate the land to the land planned for substitution, or remove the land to the occupant of the previous land. If the land planned for substitution is designated, the owners of the previous land shall transfer the existing buildings and other structures to the land planned for substitution, and if those existing land are not able to be understood without the right of the previous land owner, this provision provides for the land to be removed under Article 24 (2) 1 of the Enforcement Decree of the Decree of the Act on the Improvement of Land which provides that if those existing land planned for substitution for substitution are not entitled to use or benefit from the land and have no right to use or benefit from the land before the new land planned for substitution for substitution for replotting for the purpose of removing the existing land, the administrative agency may order the owners of the previous land to remove or benefit from the land which is not entitled to use or benefit from the land (see, e.g., Article 24 (1) of the Enforcement Rule of the Decree of the Act on the replotting for substitution for substitution for land).

It is so decided as per Disposition by the assent of all participating Justices on the bench, who did not decide on the remaining grounds of appeal and did not decide on it again.

Justices Han Sung-dong (Presiding Judge) of the Supreme Court