Main Issues

Farmland of Article 5 and 3.8 of the Farmland Reform Act; and

Summary of Judgment

With the promulgation of this Act, the owner of farmland in the Water Welfare Zone of the 38th Line North Korea will lose his ownership by being sold to the State.

[Reference Provisions]

Article 5 of the Farmland Reform Act

Applicant-Appellee

Kim Charter

Respondent, appellant

Park In-wing et al.

Judgment of the lower court

Seoul High Court Decision 57Du135 delivered on February 4, 1958, Seoul High Court Decision 57Da135 delivered on February 4, 1958

Reasons

According to the reasoning of the judgment, the court below reduced the provisional disposition on this case at the end of recognizing that the farmland in this case was owned by the applicant, but at the same time, the owner of farmland in the 3.8 North Korea, as well as the public notice of the Farmland Reform Act, loses ownership due to the transfer of ownership to the State, and even if the farmland in this case was originally owned by the applicant, the applicant lost ownership of the farmland in this case on June 21, 1949, which was promulgated by the Farmland Reform Act, and since there was no evidence that the applicant acquired the right to possess or cultivate the farmland in this case after the enforcement of the Farmland Reform Act on Japan, the applicant did not have the right to claim compensation