Any owner of land, the replotting of which has been decided not to determine replotting, may profit from the use of such land until a project operator notifies him/her of the suspension of use of the land or profits therefrom fixing a date.

Any owner of land, the replotting of which has been decided not to determine replotting, may profit from the use of such land until a project operator notifies him/her of the suspension of use of the land or profits therefrom fixing a date.

Article 58 of the Land Readjustment Projects Act

Supreme Court Decision 69Da1257 Decided October 14, 1969

Plaintiff 1 and 24 others

Busan City

Busan District Court Decision 69Na550 delivered on April 2, 1970

The part of the judgment below against the defendant is reversed, and that part is remanded to the Daegu High Court.

The defendant's agent's grounds of appeal Nos. 2 through 6 are examined.

The judgment of the court of first instance cited by the court below is as follows. In other words, the land of this case is actually divided into a road for operation in the Gun due to a disaster on June 25, 1950, and used as a part of the road between Busan and Busan, and the defendant's new land rearrangement project with the approval of the Minister of Construction and Transportation on January 19, 1967, and the defendant uses the entire land as a road within the above area without designating the substitute land according to the latter part of Article 53 (2) of the Land Rearrangement and Rearrangement Projects Act (the latter part of the judgment of the court below). Thus, if the above land is not used as part of the above land for the purpose of this case's new land rearrangement and rearrangement project, it is doubtful that the land is not used for profit-making or profit-making until the above land is not used as part of the above area's new land rearrangement and rearrangement project's decision after being delivered, the court below's decision that the land is not used for profit-making or profit-making within 10 days after it is determined.

This decision is consistent with the opinions of the involved judges.

The presiding judge of the Supreme Court (Presiding Judge)