[부동산경락허가결정에대한재항고][집27(3)민,109;공1979.12.15.(622),12304]
Authority issuing certificates of farmland trade;
The certification of the agency at the seat necessary for the sale of farmland means the certification of the head of Eup/Myeon/Dong in the Gun where the farmland is located, and the head of Gun has no authority to verify such certification.
Article 5 of the Provisional Measures for Local Autonomy Act, Article 1 of the Enforcement Decree of the Provisional Measures for Local Autonomy, Article 51 of the Enforcement Rule of the Farmland Reform Act
Re-appellant
Seoul Central District Court Order 79Ra2 dated March 14, 1979
The original decision shall be reversed and the case shall be remanded to the Seoul Civil District Court Panel Division.
In the compulsory auction, the auction date is sufficient to announce the auction date to the creditor or debtor, and according to the records, the auction date is clear to December 22, 1978, and it cannot be said that the indication of real estate at auction does not coincide with the actual indication of real estate even if the record is recorded, so there is no reason to discuss this issue. However, according to the records, since the real estate at auction is farmland (in the case of farmland) under Article 19 (2) of the Farmland Reform Act, since the real estate at auction is farmland, it is necessary to verify the government office at the location of the land under Article 19 (2) of the Farmland Reform Act, and the proof of the government office at the location of the Dong means the proof of the Eup/Myeon/Dong in the area of the farmland at the Gun, and even if the record is established, there is no authority to verify the real estate at the location of the Dongpo-Gun, which is the location of the land at the location of Gyeonggi-do.
Article 5 of the Act on Temporary Measures concerning Local Autonomy, Article 1 subparagraph 1 of the Enforcement Decree of the same Act, and Article 51 of the Enforcement Decree of the Farmland Reform Act) without examining this issue, the order of the court below that maintained the first instance court's decision as just and justifiable is unlawful, and thus, the original decision is reversed and the case is remanded to the Panel Division of Seoul Special District Court, and is so decided as per Disposition by the assent of all participating Justices
Justices Hah-hak (Presiding Justice)