(1) Receipt of unclaimed compensation for land expropriation and adequacy of an objection against the adjudication of expropriation;

If public project operators who expropriate land provide a landowner with compensation adjudicated by the competent Land Expropriation Committee without reservation of any objection, and the landowner receives it without reservation, the owner of the land shall be deemed to have succeeded to the adjudication, so the objection against the adjudication is unlawful.

Articles 61(1) and 73 of the Land Expropriation Act

Supreme Court en banc Decision 82Nu197 Decided November 9, 1982

Korea National Housing Corporation

The Central Land Expropriation Committee

Seoul High Court Decision 80Gu785 delivered on September 2, 1981

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

If a public project operator who makes land expropriation provides a land owner with compensation adjudicated by the competent Land Tribunal and receives any objection without reservation, then the owner of the land shall be deemed to have succeeded to the said adjudication even if there was an objection against the said adjudication. In the same purport, the court below's decision is justified in holding that, after the first adjudication, the non-party, the land owner, in the land expropriation of this case, has completed the registration of ownership transfer under the name of the plaintiff on May 20, 1980, after the non-party, who is the land owner, received the full amount of compensation 52,174,650 won for the said adjudication from the plaintiff 23th of the same month, and barring any special circumstance, the above non-party shall be deemed to have succeeded to the said adjudication, and thus there is no interest in dispute as to the validity of the said adjudication, and therefore, the judgment of the court below on the modification of this case, which is based on the above judgment of the non-party on June 23th of the same year, is also unlawful, and there is no objection to such objection.

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 Jong-soo (Presiding Justice)