A. Formation of tort in the Land Readjustment Project Act

(b) If the basis for calculating the settlement money is the same as the price of the land after the rearrangement of the land, which serves as the basis for the determination;

1. In implementing a land readjustment project by Defendant’s urban market, if the land price assessment team did not follow the same standard, and the result of the evaluation is unreasonable and also unreasonable, and a land substitution disposition becomes final and publicly announced without receiving settlement money, thereby losing the ownership of the Plaintiff’s land, the Defendant cannot be exempted from liability for tort against the Plaintiff.

2. It is not necessary to strictly match the price of the land which serves as the basis for calculating the amount equivalent to the liquidation money to be determined in the replotting plan with the price of the land scheduled for substitution.

Articles 48, 61, and 68 of the Land Readjustment Projects Act

Attorney Song-jin et al., Counsel for the defendant-appellee

[Defendant-Appellee] Plaintiff 1 and 3 others

Daegu High Court Decision 79Na786 delivered on March 28, 1980

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal by the defendant's attorney are examined in full.

According to the facts established by the court below, since the appraisal price prior to the implementation of this land substitution project is 2,00 won per commercial bank as of February 10, 1969, or the estimated appraisal price after the implementation of the project is 9,652 won as of December 31, 1970, which is determined directly by the mayor at the time of the implementation of the land substitution project, and the land price is 9,69,000 won per square day, and the appraisal price at the time of the above land substitution project cannot be determined as 1,79, and the appraisal price of the above land cannot be determined as 40,000 won for the reasons that the above appraisal price at the time of the execution of the land substitution project is not the same time as the appraisal price at the time of the above appraisal, and the appraisal price at the time of the above land substitution project cannot be determined as 1,50,000 won for the reasons that the appraisal price at the time of the execution of the land substitution project at the time of the above appraisal project.

Justices Kim Yong-chul (Presiding Justice)