[소유권이전등기말소][집19(2)민,071]
From the date of the Minister of Finance and Economy, it cannot be recognized that there was a transfer of State farmland under Article 10 (1) of the Enforcement Decree of the Farmland Reform Act.
If the Minister of Agriculture and Forestry distributes state property without taking over the state property without taking over it, it cannot be said that the Minister of Construction and Transportation transfers it to the Director General of the Korea National Railroad on the sole basis of the fact that the Minister of Construction and Transportation had consulted with the Director General of the Korea National Railroad and arranged the matters to be distributed in the state property ledger, but he sent a letter of order to submit a report on the movement of state property to the portion for which the adjustment of compensation has been completed, or
Article 10 of the Enforcement Decree of the Farmland Reform Act
Korea
Defendant 1 and six others
Busan District Court Decision 70Na196 delivered on February 22, 1971
We reverse the original judgment.
The case shall be remanded to Busan District Court Panel Division.
The grounds of appeal by the plaintiff performer are examined.
According to the reasoning of the judgment, the land of this case was transferred to the Minister of Agriculture and Forestry for the purpose of this case on May 7, 194, which had an impact on the land of this case. Since the purchase was secured as part of approximately 170,141, it was originally incorporated into State-owned property after August 15, and it was originally divided from 1073, and it was recognized that the farmland was transferred to the Ministry of Agriculture and Forestry for the purpose of this case without having been transferred to the Minister of Agriculture and Forestry for the purpose of this case under the direction of the Ministry of Agriculture and Forestry without having been subject to the procedure of transfer as prescribed in Article 10 of the Enforcement Decree of the Farmland Reform Act. The court below decided that the farmland was transferred to the Ministry of Agriculture and Forestry for the purpose of this case on the premise that there was no new disposition of distribution of the farmland of this case on the land of this case, which was transferred to the Administrator of 100,000,000 won after the date of the original judgment, and that there was no new disposition of distribution of the farmland.
Therefore, by the assent of all participating judges, the original judgment is reversed, and the case is remanded to Busan District Court Panel Division. It is so decided as per Disposition.
Judge Han-dong (Presiding Judge) of the Supreme Court