Land scheduled for replotting and property devolvingd within the urban planning zone;

According to the Joseon Land Improvement Order (Closure), land substitution is regarded as the previous land from the date of public notice with the approval of the Do Governor after completion of the construction of the entire zone.

Article 43 of the Decree on the Market Price Planning of Shipbuilding, Articles 24 and 26 of the Decree on the Land Restriction of Shipbuilding.

Plaintiff

Director General of the Seoul Special Metropolitan City Government

Han-ho

Seoul High Court Decision 56Da157 delivered on November 8, 1957

The court below's reasoning that the non-party 1's claim for replotting was not effective since the non-party 5's previous land substitution order was applied mutatis mutandis pursuant to Article 43 of the Joseon City Ordinance as to the division of the land within the urban planning zone. Thus, the non-party 2's previous land substitution order cannot be viewed as being non-party 1's new land substitution order which was not effective if the land substitution order was completed after the completion of the construction of the previous land substitution order. Thus, the court below's conclusion that the non-party 1's previous land substitution order was not effective since the non-party 5's previous land substitution order had no legal effect since the non-party 1's new land substitution order had no legal effect as to the non-party 2's new land substitution order which was owned by the non-party 5's previous land substitution order and the non-party 1's new land substitution order had no legal effect as to the non-party 1's new land substitution order which was owned by the non-party 3's original land substitution order.

Justices White-sung (Presiding Justice)