【Holding】
Whether the State's obligation to sell, or the right of preemptive purchase (right of repurchase) of the person whose land was expropriated, etc., is recognized with respect to expropriated land under the "Act on Special Measures for the Settlement of Land Expropriated or Used under the Special Measures Ordinance on the Expropriation and Use of Land within Mobilization Areas under Article 5(4) of the Act on Special Measures for National Security" (negative) / Whether the right to purchase expropriated land by private contract under Article 4 of the same Act may be exercised only after a notice (public announcement) of sale by private contract is given by the State (affirmative), and whether the right is extinguished upon the lapse of the period prescribed in paragraph (4) of the same Article (affirmative)
【Summary of Decision】
Article 4 of the "Act on Special Measures for the Settlement of Land Expropriated or Used under the Special Measures Ordinance on the Expropriation and Use of Land within Mobilization Areas under Article 5(4) of the Act on Special Measures for National Security" (hereinafter the "National Security Expropriated Land Act") provides in paragraph (1) that "Where, after five years have elapsed from the date on which the redemption of securities paid as expropriation compensation for land expropriated under the 'Special Measures Ordinance on the Expropriation and Use of Land within Mobilization Areas under Article 5(4) of the Act on Special Measures for National Security' is completed, all or part of the land is no longer needed for military purposes, the State may, notwithstanding the State Property Act, sell the land preferentially to the person whose land was expropriated or his or her heir by private contract at the market price at the time of sale"; in paragraph (3) that "When land to be sold under paragraph (1) arises, the Minister of National Defense shall, without delay, notify the person whose land was expropriated or his or her heir thereof: Provided, That where the address or residence of the person whose land was expropriated or his or her heir is unknown, a public announcement shall be made at least twice in two or more daily newspapers circulated nationwide"; and in paragraph (4) that "Where the person whose land was expropriated or his or her heir fails to apply for purchase within six months from the date of receipt of the notice under paragraph (3) or the date on which the last public announcement ends, he or she shall be deemed to have waived the purchase."
According to the wording of the Act, Article 4(1) of the National Security Expropriated Land Act merely provides that, where certain requirements are met, the State may sell the expropriated land to the person whose land was expropriated or his or her heir by private contract, and does not recognize the State's obligation to sell or the right of preemptive purchase (right of repurchase) of the person whose land was expropriated, etc.; therefore, the right to purchase expropriated land by private contract under Article 4 of the National Security Expropriated Land Act may be exercised only after a notice (public announcement) of sale by private contract is given by the State, and the right is extinguished upon the lapse of the period prescribed in paragraph (4) of the same Article.
【Referenced Statutes】
Article 4(1), (3), and (4) of the Act on Special Measures for the Settlement of Land Expropriated or Used under the Special Measures Ordinance on the Expropriation and Use of Land within Mobilization Areas under Article 5(4) of the Act on Special Measures for National Security
(Source: Supreme Court Decision 2026Da203274, August 12, 2026 | Judicial Information Disclosure Portal, Precedents)
2026. 10. 14. · By Attorney Dongwoo Shin
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