A. The validity of the declaration of intent of reservation made to the public project operator regarding the receipt of deposited land expropriation compensation (affirmative)

(b) Whether the head of a branch office of the Korea National Housing Corporation is a person entitled to receive an expression of intent on deposit money for construction (affirmative)

(a) In declaring the intent of the reservation on the receipt of deposited land expropriation compensation, it is also possible that the other party to the expression of such intent is not necessarily limited to the deposited public official, and it is also possible to express his/her intent of reservation against the contractor who is the person liable to pay the compensation.

B. Since an agent of the Korea National Housing Corporation has the authority to do all judicial or extrajudicial acts with respect to the affairs of the Corporation, the head of the branch office, which is an agent of the said Corporation, is a person who has the authority to receive the declaration of intent to receive the deposit for the

(b)Article 61 of the Land Expropriation Act;

A. Supreme Court Decision 82Nu197 delivered on November 9, 1982 (Gong1983, 113)

Korea National Housing Corporation (Attorney Kim Jong-soo et al., Counsel for defendant)

Attorney Park Jong-ho, Counsel for the Central Land Tribunal

Seoul High Court Decision 90Gu12825 delivered on January 22, 1992

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

With respect to the First Ground:

According to the reasoning of the judgment below, as the plaintiff, a business operator, deposited the compensation for losses in accordance with the decision of acceptance by the defendant in the court having jurisdiction over the domicile of the non-party who is the owner of the land. The non-party filed an objection on the ground that the compensation is low, and the above non-party directly found the plaintiff's Gyeongnam branch office, or requested to cooperate with the plaintiff's Lee Chang-won, the head of the housing site division, and the head of the branch office, who is the director of the housing site division, within the jurisdiction of the Gyeongnam area, to receive the deposited money as part of the compensation. The court below clearly stated that the deposited money should be received as part of the compensation. In this case, the court below accepted the fact that the application for payment of the deposit did not clearly state his intention to receive the compensation as part of the certified judicial scrivener with the authority to receive the plaintiff's expression of intent to receive the deposit money, and it did not clearly state his intention in violation of the rules of evidence against the rules of evidence, and therefore, accepted the judgment below's reasoning.

With respect to the second ground:

In declaring the intent of reservation on the receipt of the deposited compensation for land expropriation, the other party to the expression of such intent does not necessarily need to be limited to the deposited public official, and it is also possible to express his/her intent of reservation to the public official who is the person liable for compensation (see Supreme Court en banc Decision 82Nu197 delivered on November 9, 1982). Meanwhile, according to Article 13 of the Korea National Housing Corporation Act, the representative of the Plaintiff Corporation has the authority to conduct any and all judicial or extra-judicial acts pertaining to the affairs of the Corporation. Thus, it is justifiable that the judgment of the court below deemed the representative of the Plaintiff Corporation as the representative of the Gyeongnam branch office, who is the head of the Gyeongnam branch office, as the person having the authority to receive the expression of intent on the receipt of the deposit for the Plaintiff. It is without merit to find any error.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Chang-chul (Presiding Justice)