Land for replotting, the area of which is reduced due to the district rearrangement according to the urban planning, and the ownership thereof;

Where the land to be reverted to a replotting plan is substituted by a reduction in the same place without changing the location, the competent authorities shall divide the land at their own discretion and separately determine the location of the land and shall be null and void as an act without authority.

Article 24 of the Decree on Land Improvement

Kim Han-soo

The Director General of Seoul Government

Seoul High Court Decision 68Do73 delivered on November 6, 1959

We reverse the original judgment.

The case is remanded to Seoul High Court.

The grounds of appeal by the Plaintiff Kim Dong-dong, who died as the Plaintiff’s representative, are as shown in the attached Table.

On the first ground for appeal

According to the reasoning of the judgment of the court below, one of the above 36 pieces of land, which belongs to Jung-gu Seoul Special Metropolitan City and one of the 112 pieces of land substitution, is about 77 square meters due to the land substitution, and the part of the purchase of the non-party Song Young-gu Kim is divided into 50 square meters and 27 square meters, and the location of the land is designated at the same time as 36 pieces of land, and the part of the non-party Kim Jung-gu's rent was divided into 36 pieces of land and the same 36 pieces of land, and the plaintiff's new land substitution plan cannot be determined by the previous land substitution plan without any dispute between the plaintiff and the non-party, and the non-party's new land substitution plan is invalid. Thus, the plaintiff's new land substitution plan is invalid because the plaintiff's new land substitution plan is no more than 7 square meters of land's right to be determined by the previous land substitution plan without any change in the size of the land.

Therefore, according to Article 14 of the Administrative Litigation Act and Article 406 of the Civil Procedure Act, it is decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court (Presiding Judge) Na-ho (Presiding Judge)