Public project operators or the Central Land Expropriation Committee shall deal with persons other than owners of the expropriated land by negligence and make a ruling of expropriation without the participation of the true owners.

If public project operators or the Central Land Expropriation Committee deal with a person who is not the owner of the land by negligence despite the knowledge of the owner of the land, and the procedure of expropriation is conducted without the participation of the real owner, the procedure of expropriation cannot be deemed to be null and void only on the ground of the illegality

Article 25 of the Land Expropriation Act

Plaintiff

[Defendant-Appellant] Kandong Co., Ltd., Counsel for defendant-appellant-appellant

Daegu High Court Decision 72Na650 delivered on September 27, 1973

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The plaintiff's grounds of appeal are determined.

According to the reasoning of the judgment of the court below, the court below held that the amount of △△△△-1 [It is clear that it is a clerical error in the lot number 2-1 omitted) of △△△△△△△ (2-1 omitted] was originally owned by the plaintiff. The court below held that the plaintiff was liable to expropriate the above land in order to develop the industrial site (the defendant company's factory site creation project) executed by the Do governor of the Gyeong-Gyeong-si, the non-party's land was registered as owned by the plaintiff on the land cadastre or the register, and that the non-party's land could not be treated as owned by the non-party and the consultation with the owner of the above non-party is not possible. The court below held that the non-party's new land was not illegal for the above non-party's 106,740 won as compensation for the above land and that the non-party's new land was not found to be the one of the non-party's new land owners. The court below held that the above non-party's new land was invalid.

All of the arguments are without merit, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Byung-ho (Presiding Justice)