Main Issues

Uncompletiond Land and Application of the Farmland Reform Act as of the date of promulgation of the Farmland Reform Act

Summary of Judgment

In case of procedural acts conducted in the name of an absentee, an application for designation of date should be counted from the time when the absentee or appointed administrator becomes aware of the reason.

[Reference Provisions]

Article 25-2 of the Farmland Reform Act

Plaintiff-Appellant

Kim Yong-man

Defendant-Appellee

Han Sung-sung

Judgment of the lower court

The financial support for the first instance, the second instance Gwangju High Court, etc.

Reasons

According to Article 25-2 of the Farmland Reform Act, since land reclaimed as of the date of its promulgation or farmland reclaimed or reclaimed after the date of its promulgation is not subject to the same Act, it is not reasonable to protect the rights of the deceased for the sake of protecting the rights of the reclaimed land or the land reclaimed after the date of its promulgation. Accordingly, in the case of this case, the court below's decision on the ground that it is reasonable for the plaintiff to purchase this land from the land reclaimed during April 1950, because it is obviously excluded from the application of Article 25-2 of the Farmland Reform Act, it is not a provision for the deceased to protect the rights of the reclaimed land or the land reclaimed after the date of its promulgation, and it is not a provision for the restoration of the land at its own expense for the sake of protecting the rights of the deceased for the sake of the development of the reclaimed land or the land reclaimed after the date of its promulgation. Therefore, it is not reasonable for the plaintiff 1's own effort to interpret the law and the land reclaimed or the land reclaimed by the deceased's own effort to do not belong to the plaintiff Y or the land without his own own own own effort.