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(영문) 대법원 1986. 2. 17.자 86마30 결정

[부동산경락허가결정][공1986.6.15.(778),789]

Main Issues

Whether the Farmland Reform Act applies to the successful bid of land within the urban planning zone;

Summary of Judgment

If this land is located in an urban planning zone designated as a natural green area, industrial area, etc. by urban planning, the application of the Farmland Reform Act is excluded in respect of the successful bid.

[Reference Provisions]

Article 87 (1) of the Urban Planning Act

Reference Cases

Supreme Court Decision 80Da2518 Decided February 24, 1981

Re-appellant

Re-appellant

United States of America

Suwon District Court Order 85Ra121 dated December 19, 1985

Text

The reappeal is dismissed.

Reasons

The grounds of reappeal are examined.

Article 87(1) of the Urban Planning Act provides that the application of the Farmland Reform Act shall be excluded to the urban planning zone pursuant to the definition of the urban planning zone pursuant to Article 87(1) of the same Act, and Article 2(1)2 of the same Act provides that the urban planning determined pursuant to the provisions of Article 12 of the same Act shall be implemented with respect to the definition of the urban planning zone. According to the urban planning confirmation based on the records, since it is apparent that the land at issue is a land located within the urban planning zone designated as a natural green area, industrial area, etc. according to the urban planning, etc. under the urban planning, the court below's decision that the application of the Farmland Reform Act shall be excluded in the successful bid is justified. Although the court below's findings of fact that the land at issue is located within the urban planning zone under the premise that the fact-finding of the court below is illegal, there is no error such as the theory of lawsuit, and there is no ground for such

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju