[토지인도,건물철거][집15(2)민,257]
Where the farmland purchased by the Government becomes a site before distribution, the effect of such purchase;
Although the land which was a site is farmland at the time of the enforcement of the Farmland Reform Act, the ownership of the land is returned to the previous owner of the land, since the land which was a site created by a person who was authorized before the land was purchased to distribute farmland as farmland at the time of the enforcement of the Farmland Reform Act becomes invalid at the same time as the
Article 2 of the Farmland Reform Act, Article 5 of the Farmland Reform Act
Plaintiff
United States Armed Forces
Jeonju District Court Decision 66Na319 delivered on April 7, 1967
We reverse the original judgment.
The case shall be remanded to the Jeonju District Court Panel Division.
Judgment on the grounds of appeal by the Plaintiff’s Attorney
The fact confirmed by the court below was that the land in this case was de facto dry field before and after the enforcement of the Farmland Reform Act at least 1949.6.21, and it was the land that Nonparty 1 cultivated before and after it and was not self-produced by Nonparty 2, the props at the time. Therefore, the land in this case was purchased from the government for farmland distribution at the same time as the above Farmland Reform Act was implemented, and the plaintiff could not acquire the land ownership in this case.
However, there is no dispute between the parties on the land of this case, since the fact that the teachers of the national school under the defendant's control of the defendant were constructed, and the actual site has been established, the court below's decision on the land of this case is erroneous in the incomplete hearing without examining the part of the land of this case, and the land of this case, which was a site after examining the part of the land of this case, shall lose the effect of the government purchase at the same time as the land conversion and the land purchase, even if the land was purchased from the government for the purpose of distributing farmland as farmland at the time of the enforcement of the Farmland Reform Act, and thus, the ownership of the previous land owner shall not be lost.
Therefore, it is so decided as per Disposition by the assent of all participating Justices.
[Judgment of the Supreme Court (Presiding Justice) Na-dong, Ma-dong, and Ma-dong, the last Ma-man