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(영문) 대법원 1959. 7. 2. 선고 4291민상221, 222 판결

[토지소유권확인등][집7민,132]

Main Issues

Farmland purchased pursuant to Acts and subordinate statutes No. 173 and farmland distribution

Summary of Judgment

A. The farmland committee has a right to examine and decide the legality of farmland distribution, and there is no right to confiscate distributed farmland.

(b) Farmland purchased pursuant to Article 173(E) of the Southern Shipbuilding and Do Government Act shall have the same effect as the distribution under this Act unless it does not exceed three information.

[Reference Provisions]

Law No. 173, Articles 5, 19, and 11 of the Farmland Reform Act

Plaintiff-Counterclaim Defendant-Appellee

Plaintiff-Counterclaim Defendant

Defendant-Counterclaim (Counterclaim), Appellant

Defendant-Counterclaim Plaintiff and two others

Judgment of the lower court

Cheongju District Court Decision 57 civil service856, 857 delivered on December 28, 1957, Cheongju District Court Decision 57 decided December 28, 1957

Reasons

According to the records, the plaintiff's assertion that the non-party, who is the non-party 1, had no right to the land transferred to the defendant 2, for the reason that the non-party 1, who was the non-party 2, had no right to the land transferred to the defendant 1, had the non-party 3, to whom the non-party 1, had no right to the land transferred to the non-party 4, for the reason that the non-party 1, who was the non-party 2, had no right to the land transferred to the non-party 1, for the reason that the non-party 1, who was the non-party 2, had no right to the land transferred to the non-party 3, for the non-party 1, who was the non-party 2, to whom the non-party 1, had no right to the land transferred to the non-party 5, were to be distributed to the non-party 1, who was the non-party 2, to the non-party 1, for the non-party 2, and the non-party 1, for distribution of the land.

Justices Byunok-ju (Presiding Justice)