The right to use the previous land as the reserved land for replotting of those who own the building by leasing the reserved land from the previous land owner and those who newly acquired the previous land

A person who rents the previous land from the former owner and owns a building on the ground thereof shall not interfere with the right of the new purchaser to use and benefit from the land scheduled for replotting by acquiring the ownership of the previous land.

Article 57 of the Land Readjustment Projects Act

Plaintiff

Defendant 1 and one other

Seoul Civil District Court Decision 77Na753 delivered on December 23, 1977

All appeals are dismissed. The costs of appeal are assessed against the Defendants.

The defendants' grounds of appeal Nos. 1, 2, and 3 are also examined.

According to the reasoning of the judgment of the court below, the court below was just in examining the facts in light of the records of the evidence preparation process which found the plaintiff's possession of the building portion from the above defendant 2, and there was no violation of the rules of evidence or any violation of the rules of evidence, and even if defendant 1 owned the building portion on the previous land from the non-party who was the owner of the previous land, the ownership transfer registration of which was completed on 128 square meters and 67 square meters prior to the (No. 1 omitted) of Kimpo-ro 171 by implementing the land rearrangement project in Seoul Special Metropolitan City, which was designated as 174 square meters of Kimpo-ro, and the defendant 1 recognized that he owned the building and fence on the land substitution, and the building portion is occupied by the above defendant 2. The court below did not err in the misapprehension of the right to use and profit-making and the right to use and profit-making land as well as the right to use and profit-making land as the right to use and profit-making land cannot be asserted.

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 Lee Young-young (Presiding Justice)