beta
(영문) 대법원 1968. 2. 20. 선고 67다2586, 2587, 2588 판결

[소유권이전등기등][집16(1)민,094]

Main Issues

The validity of the disposition of distribution of farmland not subject to the procedure under Article 10(1) of the Enforcement Decree of the Farmland Reform Act

Summary of Judgment

If a state-owned farmland is distributed without following the procedure under Article 10 (1) of the Enforcement Decree of this Act, the allocation of the farmland is null and void as a matter of course.

[Reference Provisions]

Article 11 of the Farmland Reform Act, Article 10 (1) of the Enforcement Decree of the Farmland Reform Act

Plaintiff-Appellee

Plaintiff 1 and 12 others

Defendant-Appellant

Defendant

Judgment of the lower court

Seoul High Court Decision 67Na328, 329, 330 decided October 18, 1967

Text

We reverse the original judgment.

The case is remanded to Seoul High Court.

Reasons

Defendant ○○○○○○’s ground of appeal is examined.

According to the reasoning of the judgment of the court below, the court below held that the non-party 1, who is the father of the plaintiff 13, the non-party 1, the non-party 1, who is the father of the plaintiff 1, the non-party 1, the non-party 2, the non-party 6, and the father of the plaintiff 8, is not entitled to the non-party 1, the non-party 1, the non-party 1, the non-party 1, the non-party 1, the non-party 1, the non-party 2, the non-party 1, the non-party 1, the non-party 1, the non-party 1, the non-party 2, the non-party 1, the non-party 12, the non-party 3, the non-party 1, the non-party 1, the non-party 2, the non-party 1, the non-party 2, the non-party 1, the non-party 3, the non-party 1, the non-party 1, the non-party 1, the defendant 2.

Therefore, by applying Article 406(1) of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating Justices.

Judge Do-dong (Presiding Judge) of the Supreme Court