All
| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2024Da241510 Decided October 8, 2024 【Registration of Ownership Transfer】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 [1] Whether the scope of application of the legislation that has been improved following a decision of constitutional nonconformity extends retroactively to the time at which the decision of constitutional nonconformity was made (affirmative in principle) [2] Whether the scope of application of Article 91(1) of the Act on Acquisition of and Compensation for Land for Public Works Projects, which was amended by Act No. 18386 on August 10, 2021, may be restricted on the basis of Article 3 of the Addenda (August 10, 2021) of the said Act (negative) In a case where a repurchase right has been extinguished, not only upon the passage of the period for the occurrence of a repurchase right under the former Land Compensation Act prior to the date on which a decision of nonconformity with the Constitution, with respect to the part of Article 91(1) of the former Act on Acquisition of Compensation for Public Works Projects (amended by Act No. 18386, Aug. 10, 2021) which restricts the period for the occurrence of a repurchase right by stipulating, “within 10 years from the date the land has been acquired through consultation or the date the expropriation thereof has commenced,” has been rendered (November 6, 2020) but also, after the cessation of the public need for land, by which the requirements for the occurrence of a repurchase right have been fulfilled, upon the lapse of the period of exclusion under Article 91(1) of the former Land Compensation Act before the amended Land Compensation Act took into effect, whether the revised Act on Acquisition of Compensation for Public Works Projects is applicable (negative) [3] In a case where, even though there is no specific and direct indication of the court’s decision with respect to the allegations by the parties concerned in a written judgment, it is ascertainable whether the court accepted or dismissed the allegations when examined in light of the overall gist of the reasoning of the judgment, or where the allegations are certain to be dismissed by the court even though the court did not actually make a decision, whether it can be said that the court omitted a finding (negative) | |
