Main Issues

Whether farmland is reverted, excluding farmland to be distributed to farmers registered or confirmed as State-owned pursuant to Article 2 of the Act on Special Measures for the Adjustment of Farmland Reform Projects;

Summary of Judgment

Farmland except farmland to be distributed to farmers registered or confirmed as state-owned under the provisions of Article 2(1) of the Act on Special Measures for the Adjustment of Farmland Reform Projects as farmland acquired by the government under the provisions of Article 5 of the Farmland Reform Act is determined not to be distributed simultaneously with the enforcement of the said Act, and the farmland ownership is reverted to the original owner.

[Reference Provisions]

Article 2 of the Act on Special Measures for the Adjustment of Farmland Reform Projects, Article 5 of the Farmland Reform Act

Reference Cases

Supreme Court Decision 73Da1247 delivered on November 12, 1974 (Supreme Court Decision 74Da1390 delivered on October 8, 197, 73Da1271 delivered on November 10, 1974)

Plaintiff, Appellant

Korea

Defendant, appellant and appellant

Defendant 1 and five others

Judgment of the lower court

Daejeon District Court of the first instance (72 Gohap515)

Text

The original judgment shall be revoked.

Purport of claim

As to the plaintiff, the defendants divided into 3,348 square meters, excluding 81 square meters, which successively connected each point of 3,429 square meters Ga, Da, Da, Ma, Ma, Ba, Ga, Ga, and Ga in the order of priority among 490-5, 3,429, Chungcheongnam-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do., the defendant 1 completed the procedure of registration of transfer of ownership on the ground of the decision of permission on May 31, 1972, 6108, which was received by the Daejeon District Court of Daejeon on June 30, 1972; the defendant 2 received the same support on March 21, 197; the defendant 3 performed the procedure of registration of transfer of ownership on the ground of sale on the same day; the defendant 2 performed the procedure of registration of creation of mortgage on the ground of the same month; and the procedure of registration of purchase of ownership on the ground of Article 525 of the Farmland Act.

Reasons

In the 3,429 of the 490-5th five thousand and forty-five thousand and forty-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five, the registration of ownership transfer was made between the two-five-five-five-five-five-five-three-three-three-three-three-three-three-one-three-three-three-three-three-one-three-three (three-three-three-three-three, one-three-three-three, one-three-three, one-three-one, one of the two-three-one, one of the parties to the registration of ownership transfer on the same day, and another one of the parties to the registration of ownership transfer on the same day.