Any registration made in violation of Article 65(3) of the Land Readjustment Project Act shall be null and void;

Any registration made in violation of paragraph 3 of this article shall be null and void.

Article 65 (3) of the Land Readjustment Projects Act

Plaintiff

Defendant 1 and four others

Seoul High Court Decision 70Na1512 delivered on November 18, 1971

The appeal shall be dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal Nos. 1 through 7 of the Plaintiff’s Attorney are examined.

According to Article 65 (3) of the Land Readjustment Projects Act, with respect to the land or buildings within the implementation district after a land substitution disposition has been announced, until the registration under paragraph (2) of the same Article is made (in case where there is any change in the right to the land or buildings within the implementation district due to a sectional rearrangement project or a land substitution disposition, the implementer shall apply for or entrust without delay the registration in accordance with the provisions prescribed by the Presidential Decree after a land substitution disposition has been announced): Provided, That in case where an applicant proves that the cause of the registration has occurred before the public announcement of the land substitution disposition by the document with confirmed part of the land substitution disposition, other registration shall be made even before the land substitution registration is made. According to the judgment determined by the court below, the real estate recorded in the list 2 attached to the original judgment (hereinafter referred to as the "previous land") in the list 1 attached to the original judgment and the date of public announcement of the land substitution registration is not completed, and the plaintiff's right to the land substitution registration as to the previous land portion which was not recorded in the register 26.6.

Therefore, the appeal is dismissed without merit. It is so decided as per Disposition by the assent of all participating judges by applying Articles 95 and 89 of the Civil Procedure Act to the burden of litigation costs of the appeal.

The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho