[토지소유권이전등기절차이행청구사건][고집1962민,289]
Where a decision to change the purpose of land use by the Minister of Agriculture and Forestry is revoked, a farmland owner.
In the event that the above decision was cancelled on June 6, 1955, which was made by the Minister of Agriculture and Forestry on June 5, 1957, when the land was still farmland, it shall be distributed retroactively from the time when the Farmland Reform Act was enforced in the order stipulated in Article 11 of the same Act, and it shall not be determined as at the time of cancellation.
Article 11 of the Farmland Reform Act
[Plaintiff-Appellant] 62Da636 decided Dec. 3, 1962 (Law No. 1649 decided Jan. 17, 1963)
Plaintiff
Defendant
Daegu District Court of the first instance (1961 Civil Code321)
This case is dismissed.
Expenses for public prosecution shall be borne by the defendant.
The defendant¡¯s attorney shall revoke the original judgment.
The plaintiff's claim is dismissed.
The costs of lawsuit are assessed against the plaintiff through the first and second trials, and the plaintiff's attorney is seeking a judgment to the same purport.
The defendant's attorney confirms that the real estate recorded in the attached list is farmland to be distributed to the plaintiff.
The costs of lawsuit are assessed against the defendant.
According to the reasoning of the judgment of the court below, the following facts are justified: Gap evidence No. 1; Eul evidence No. 2; Eul evidence No. 6; Gap evidence No. 7; Eul evidence No. 10; and Eul evidence No. 1, No. 6; if the plaintiff's testimony of non-party No. 1 is proved to be non-party No. 1; the defendant's non-party No. 4 were non-party No. 9's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 1's non-party 6's non-party 1's non-party 1's non-party 6's non-party 1's non-party 1's non-party 6's non-party 1's non-party 1's non-party 6's non-party 1's non-party 4's non-party 1's non-party 1's non-party 1's witness
Judges Song-dae (Presiding Judge)