2012Du11287 Compensation, etc. for losses

1. A;

2. B

C New Town Third District Housing Redevelopment Project Association

Seoul High Court Decision 2011Nu31019 Decided April 6, 2012

February 26, 2015

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. The Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (amended by Act No. 11017, Aug. 4, 2011; hereinafter referred to as the "Land Compensation Act") requires that the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor shall apply mutatis mutandis to a project executor who expropriates any land or building for implementing a rearrangement project in a rearrangement zone as a project executor (Article 40(1)). According to the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (amended by Act No. 11017, Aug. 4, 2011; hereinafter referred to as the "Land Compensation Act"), when an agreement is not reached after a public announcement of project approval (which corresponds to the public announcement of project approval under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents). The landowner and person concerned (hereinafter referred to as the "land owner, etc.") may file an application for adjudication in writing with the competent Land Tribunal under the conditions as prescribed by the Presidential Decree within 60 days after the request is made;

Meanwhile, when a project operator fails to pay or deposit the indemnity adjudicated by the competent Land Tribunal by the commencement date of expropriation, the adjudication becomes void (Article 42(1) of the Land Compensation Act), and the project operator’s application for adjudication also becomes void (see Supreme Court Decision 84Nu158, Mar. 10, 1987). In such cases, the project operator shall apply again for adjudication, in principle, again with the landowner, etc., to hold a consultation procedure on compensation. Therefore, if there is a claim for adjudication under Article 30(1) of the Compensation Act from the landowner, etc. before the invalidation of adjudication, the adjudication shall be invalidated and within 60 days from the date the request for adjudication is made under Article 30(1) of the Land Compensation Act after the invalidation of adjudication, and if no request for adjudication was made, the project operator shall apply for each adjudication within 60 days from the date the request for adjudication is made under Article 30(1) of the Land Compensation Act after the lapse of the adjudication.

2. Comprehensively taking account of the evidence adopted by the lower court: (1) the Defendant is the implementer of the instant rearrangement project for housing redevelopment; (2) the Defendant was authorized to implement the rearrangement project of this case on October 12, 2007; and (1) the head of Seongdong-gu Office publicly announced an application for expropriation on October 15, 2007; (2) the Defendant did not file an application for expropriation within 0 days from the date of application for expropriation to November 14, 2007; and (4) the Defendant did not file an application for expropriation within the period of 10 days after the date of application for expropriation; and (5) the Defendant did not file an application for expropriation with the Defendant for a new decision on August 27, 2008; and (3) the Defendant did not file an application for expropriation with the competent local Land Expropriation Committee for the period of 10 days after the date of application for expropriation; and (5) the Defendant did not file an application for expropriation for the period of 20 days from August 27, 20008.

In light of the above legal principles and records, the above determination by the court below is just, and there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the invalidation of adjudication pursuant to Article 42 of the Land Compensation Act, the necessity of the procedure for consultation on compensation, and the delay additional charges pursuant to

3. Therefore, all appeals are 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 on the bench.

Justices Kim In-bok

Chief Justice Min Il-young

Justices Park Young-young