The determination of land substitution and payment of liquidation money under the old Joseon City Planning Order;

It shall not be null and void as a matter of course on the ground that a land substitution determination disposition does not contain the payment of liquidation money.

Articles 43 and 44 of the Decree on the Market Price Planning of Structure, Article 140 of the Enforcement Decree of the same Decree, Article 24 of the former Urban Planning Act, Article 32 of the former Urban Planning Act

Maapscopes

Seoul Special Metropolitan City Mayor

Seoul High Court Decision 63Gu58 delivered on July 11, 1963

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

We examine the grounds of appeal by the plaintiff's attorney

According to the reasoning of the judgment of the court below at the time of the original adjudication, the defendant lawfully conducted the method of public announcement under Article 140 of the Enforcement Rule of Article 43 of the Enforcement Rule of the Urban Planning Act with the order of land partition execution under Article 44 (2) of the Urban Planning Act, and completed the construction with the authorization of land partition and completed the registration of land substitution and notified the plaintiff. Thus, the above decision of the court below is that the above decision of land substitution confirmation is a legitimate procedure and the disposition of land substitution confirmation is not a disposition of natural invalidation. Thus, the above decision of the court below at the time of original adjudication is just and it is not recognized that the defendant did not meet the validity requirements of the above administrative disposition. Thus, the above decision of the court below is just and it is argued that the above disposition of land substitution is null and void. However, according to the provisions of Article 24 of the Urban Planning Act or Article 32 of the Urban Planning Act which applies mutatis mutandis under Article 43 (2) of the Urban Planning Act, it is not necessary to pay liquidation money to the plaintiff's land in this case, and it did not accept the plaintiff's land.

The judge of the Supreme Court (Presiding Judge) of the Red Madern (Presiding Judge) Madern Madern Madern Madern Madon