Main Issues

The validity of a sales contract on the condition of the completion of the repayment of outstanding distributed farmland

Summary of Judgment

Since the purchase of outstanding farmland and its delivery have been clearly made at the same time, the sale of farmland shall be null and void.

[Reference Provisions]

Article 16 of the Farmland Reform Act

Reference Cases

Supreme Court Decision 62Da603 Decided November 22, 1962, Supreme Court Decision 63Da141 Decided August 22, 1963, Supreme Court Decision 63Da707 Decided April 21, 1964, Supreme Court Decision 67Da53, 54 Decided March 7, 1967

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Korea

Judgment of the lower court

Seogsan support in the first instance court, Daejeon District Court Decision 66Na420 delivered on May 6, 1967

Text

The appeal is dismissed.

Reasons

The plaintiff's ground of appeal No. 1.23 was examined as to the plaintiff's non-party 1's non-party 1'. The co-defendant of the first instance court (the co-defendant in the first instance court) was allocated the land as the cultivator, and he completed repayment of the land. It is like the theory that the defendant's above assertion was admitted at the court below's oral argument on November 30, 1956. However, the plaintiff was cultivated by cultivating the land as a dry field immediately after delivery of the land as soon as the sale contract and developed the land as a dry field, and the plaintiff did not have any dispute over the non-party 1's simultaneous sale of the land as well as the non-party 1's sale of the land as the non-party 1's sale of the land. The court below rejected the plaintiff's assertion that the non-party 1's co-defendant 1's sale of the land as well as the non-party 1's sale of the land as the non-party 1's sale of the land.