[부동산경락허가결정][공1984.5.1.(727),574]
Land category is a decision of granting a successful bid on farmland or real property which is a miscellaneous land and a verification required under the Farmland Reform Act (negative)
If only the land category in the public record is farmland and actually the miscellaneous trees of ten years are born, the decision of permission for the successful bid on the real estate is legitimate even if there is no proof as prescribed by the Farmland Reform Act.
Articles 2(1) and 19(2) of the Farmland Reform Act; Article 640 of the Civil Procedure Act; Article 33(2) of the Auction Act
Re-appellant
Chuncheon District Court Order 83Ra40 Dated December 9, 1983
The reappeal is dismissed.
The grounds for re-appeal are farmland and the auction real estate of this case is illegal without proof as prescribed by the Farmland Reform Act, but it is merely illegal even if there is an error such as theory of lawsuit, and it cannot be a legitimate grounds for re-appeal as it does not fall under the grounds prescribed in Articles 13 and 11(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. In addition, according to the records, the court below and the auction court confirmed that the auction real estate of this case is farmland and its land is miscellaneous land, and the real estate of this case is miscellaneous land that has been 10 years of birth, and thus the auction is granted, and there is no illegality such as theory of lawsuit.
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Yoon Il-young (Presiding Justice)