[토지인도][집22(2)민,271;공1974.10.15.(498) 8033]
The name of farmland not distributed after the enforcement of the Act on Special Measures for the Adjustment of Farmland Reform Projects;
If farmland purchased by the State as a non-self-owned farmland at the time of the enforcement of the Farmland Reform Act was not distributed, the measures purchased from the State simultaneously with the enforcement of the said Special Measures Act under Article 2 of the Act on Special Measures for the Adjustment of Farmland Reform Projects and Article 1 (2) of the Enforcement Decree of the same Act
Article 5 of the Farmland Reform Act Article 2 of the Act on Special Measures for Arrangement of Farmland Reform Projects
Plaintiff’s Counsel for the defendant-appellant
Defendant-Appellant Song-jin, Counsel for the defendant-appellant
Busan District Court Decision 73Na302 delivered on May 29, 1974
The original judgment is reversed, and the case is remanded to Busan District Court Panel Division.
The grounds of appeal by the plaintiff's attorney are examined.
According to the reasoning of the judgment below,
The court below held that since the farmland in this case was purchased from the State at the time when the farmland was implemented the Farmland Reform Act, since it can be recognized that the farmland in this case was written down by Non-Party 2 as Non-Party 1's non-party 1's non-party 1's non-party 1's land at the time of the enforcement of the Farmland Reform Act, the plaintiff's bid becomes invalid. However, even if the farmland in this case was purchased from the State as the land to be distributed under the Farmland Reform Act and is currently cultivated as farmland, it shall be interpreted that the government purchased the farmland in this case under the provisions of Article 5 of the Farmland Reform Act with the condition that the purchased farmland will not be distributed after the purchase of the farmland in this case was made. According to the provisions of Article 2 of the Act on Special Measures for the Adjustment of Farmland Reform Projects and Article 1 (2) of the Enforcement Decree of the same Act, the court below's decision that the land in this case would not reach the present state of purchase in this case, and there is a room for the court below to reverse the above legal principles.
Therefore, by the assent of all participating judges, the original judgment is reversed, and the case is remanded to Busan District Court Panel Division. It is so decided as per Disposition.
Justices Ahn Byung-soo (Presiding Justice)