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(영문) 대법원 1964. 10. 27.자 64다902 명령

[손해배상][집12(2)민,145]

Main Issues

The effect of distribution of farmland conducted before the Minister of Agriculture and Forestry makes a provisional decision on the application for change of purpose of use of farmland under Article 8 of the Enforcement Rule of the Farmland Reform Act.

Summary of Judgment

Where an application for change of purpose of use is filed with the Minister of Agriculture and Forestry pursuant to Article 8 of the Enforcement Rule of this Act, and the distribution of farmland is performed on the ground that the decision-making by the Minister of Agriculture and Forestry cannot be avoided, and the distribution of farmland cannot be deemed to be void as a matter of course unless there are any grounds to invalidate the distribution of farmland.

[Reference Provisions]

Article 8 of the Enforcement Rule of the Farmland Reform Act, Article 6 (1) 4 of the Farmland Reform Act, Article 9 of the Enforcement Decree of the same Act

Plaintiff-Appellant-Appellee

Long-term care

Defendant-Appellant-Appellee

Senior Land Improvement Cooperatives (Attorney Shin-yang, Counsel for the plaintiff-appellant)

original decision

Daegu High Court Decision 63Na375 delivered on May 28, 1964

Text

The plaintiff's petition of appeal is dismissed.

Reasons

Since the plaintiff did not put a legal stamp on the petition of appeal submitted by the plaintiff, it was ordered to correct the deficiency. Since the plaintiff received the service of the order and did not correct it within the fiscal period, it is ordered as ordered by Articles 395, 371 and 231 of the Civil Procedure Act.

Justices of the Supreme Court (Presiding Judge)