Date of extinctive prescription of liquidation claim due to replotting

It is not automatically null and void because the land substitution final and conclusive disposition did not contain the payment of liquidation money.

Article 43 of the Joseon City Planning Decree, Article 24 of the Shipbuilding Land Improvement Order

Busan City

Maternology

Busan District Court Decision 61No706 delivered on June 22, 1962

We reverse the original judgment.

The case shall be remanded to the Daegu High Court.

In this case, in order to make a claim against the defendant against the disposition of the liquidation price due to the plaintiff's land substitution in Busan, the disposition must be effective after the due process has been revoked, and it is obvious in light of the validity of the administrative disposition, so the date of the statute of limitations for the claim for liquidation price due to the land substitution by the plaintiff's attorney is the date of July 17, 194 when the construction was completed.

The court below held that the liquidation money claim against the defendant was extinguished due to the expiration of the ten-year extinctive prescription since July 17, 1944 when the construction work under the Joseon City Planning Ordinance was completed, since the land substitution confirmation area granted by the plaintiff to the defendant was more than 51 square meters and more than 41 square meters of the previous area of the previous right. The court below held that the liquidation money claim against the defendant was already extinguished due to the expiration of the ten-year extinctive prescription. The claim for the payment of liquidation money for the land owners arising from the disposition of the land substitution to adjust the land area according to the city plan can be confirmed by the approval of the Do governor pursuant to the provisions of Article 24 of the Joseon Land Improvement Decree of the Joseon City Planning Decree, since the liquidation money claim is established at the time of the above approval of the Do governor, and it is legitimate that the liquidation money claim is not determined by the expiration date of the ten-year period. If so, it is clear that the liquidation money claim in this case, which was determined by the court below, was made at the expiration of April 17, 197.

Nevertheless, the judgment of the original court is not reversed in this respect because it erred in the law that erroneously understand the nature of the claim for the liquidation money and the period of payment of the liquidation money, which will take effect from July 17, 1944, on which the completion of the construction work is affixed.

Therefore, it is so decided as per Disposition by the assent of all Justices who participated in the court below in order to decide again on the remaining grounds of appeal and to decide again as per Disposition.

The judges of the Supreme Court, both judges (Presiding Judge) and Magyeong, Mag-Jak, the highest leapble leapbal of Red Mags