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(영문) 대법원 2015.11.26 2015다200852

소유권보존등기말소 등

Text

The judgment below

The part against the plaintiffs is reversed, and that part of the case is remanded to the Panel Division of the Seoul Central District Court.

Reasons

The grounds of appeal are examined.

The Government's purchase of farmland which is not self-defined by the former Farmland Reform Act (repealed by Act No. 4817 of Dec. 22, 1994, Article 2 subparagraph 1 of the Addenda of the Farmland Act (amended by Act No. 4817 of Dec. 2, 1994, hereinafter referred to as the "former Farmland Reform Act") on the condition of rescission that the farmland will not be distributed after the purchase. Among the purchased farmland, it is not included in the distributed farmland finalized through the procedure under Article 32, etc. of the former Enforcement Decree of the Farmland Reform Act, or it is not actually distributed to farmers among the farmland finalized as the distributed farmland, if it is confirmed that the farmland purchased by the Government is not distributed to farmers, the ownership is returned to the original owner. Therefore, the State's purchase of farmland under the former Farmland Reform Act is planned to be distributed to farmers, etc., and if non-distribution is decided, it shall be deemed that it will be returned to the original owner from the time of purchase.

(2) In light of the reasoning of the lower judgment and the record, the lower court’s judgment and the record reveal: (a) F, the Plaintiff, his father, was the land in the territory of the Republic of Korea; (b) part of the real estate owned by the Plaintiff, its father, was included in the purchase farmland of the Republic of Korea; and (c) Defendant Republic of Korea was farmland distribution to farmers of 2,814 square meters of the real estate before the instant partition to KRW 2,814; and (d) the real estate before the instant partition to KRW 3,5094, Jul. 28, 201. According to the reasoning and records of the lower judgment, the Plaintiff’s 3,417 square meters (hereinafter “real estate before the instant partition”); (c) the former Farmland Reform Act was enacted; and (d) part of the real estate before the instant partition, which was owned by the Plaintiff’s father, was included in the farmland purchased by the Republic of Korea; and (d) the real estate distribution was made to farmers of KRW 2,814 of the instant real estate before the instant subdivision.