Where a joint ownership relationship is established through a joint land substitution disposition, the standards for the ratio of shares shall be determined.

Where a joint land substitution is formed through a joint land substitution, the share ratio shall not be based only on the cadastral records of the previous land, but shall be determined based on the relationship, location, land category, light, usage level, soil quality, environment, etc. with the previous land.

Article 262 of the Civil Act

Plaintiff

Korea Coal and Mining Corporation

Seoul High Court Decision 70Na762 delivered on December 18, 1970, Seoul High Court Decision 70Na762 delivered on December 18, 1970

The part against the defendant in the original judgment shall be reversed, and the case shall be remanded to Seoul High Court.

As to the ground of appeal No. 1 by Defendant Attorney

Unless there are special circumstances, the original judgment is determined that the owner of the previous land owns the land substituted by the ratio of shares in accordance with the ownership ratio of the previous land and that the plaintiff acquires co-ownership shares of 2958 and 801 of 2958 and 597 of 2958, on the ground that the owner of a lot of previous land was subject to a disposition of replotting with a lot of land owned by each of the original defendants. Thus, it cannot be readily concluded that a legal co-ownership relationship cannot be established as a matter of course solely because the owner of a lot of previous land was subject to a disposition of replotting with a lot of land. However, in determining the ratio of replotting with a lot of land jointly owned or for profit-making as a right holder, the original judgment should only be based on the relation, location, land category, etc. of the previous land and the above land with a lot of land owned by each of the original defendants, regardless of the purport of Article 32 of the former Urban Planning Act, it is reasonable to reverse the original judgment as to co-ownership share without any other reasons.

Therefore, it is so decided as per Disposition by the assent of all participating judges pursuant to Article 406 of the Civil Procedure Act.

The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet