Main Issues

Cases of improper recognition that the farmland is not distributed under the Farmland Reform Act;

Summary of Judgment

Although the government purchases farmland from the government, it is deemed necessary to change the purpose of use in the government, public organizations or educational institutions even for the farmland to be purchased, it is excluded from the government purchase, but it must be decided by the Minister of Agriculture and Forestry

[Reference Provisions]

Article 2, Article 5 subparagraph 2, Article 6 (1) 4 of the Farmland Reform Act, Article 9 of the Enforcement Decree of the Farmland Reform Act

Plaintiff-Appellee

The Korean legal representative and the Korean legal representative and the Korean legal representative

Defendant-Appellant

Profiting Materials

Judgment of the lower court

Red support in the first instance court, Seoul High Court Decision 57 Civil Code920 decided March 12, 1958

Reasons

Farmland is excluded from the government purchase of farmland which the Government recognizes as necessary to change the purpose of use at the government, public organizations, or educational institutions, even if farmland is purchased and purchased at the government, as at the time of enforcing the Farmland Reform Act, regardless of its previous paddy field, orchard, miscellaneous land, or any other land category, which is not self-fluenced by the government, as at the time of enforcing the Farmland Reform Act, but it is stipulated in Article 9 of Enforcement Decree of the Farmland Reform Act, Article 2, Article 6, Paragraph 1, Item 4 of the Enforcement Decree of the Farmland Reform Act, and Article 6, Paragraph 1, Item 4 of the same Enforcement Decree of the same Act. If the original judgment and the records are collected, the court below recognized the fact that the land category of this case was changed to October 1, 1948 and exempted from taxation at the same time, and thus, it is clear that the land was not subject to the distribution of farmland under the Farmland Reform Act, and if the land was clearly excluded from the legal category of land purchase due to the government's decision.