Whether it shall be returned to the original owner of farmland registered as a State-owned property under Article 2 of the Act on Special Measures for the Adjustment of Farmland Reform Projects, but not distributed (affirmative)

Even if farmland is registered as a state-owned farmland under Article 2 (1) of the Act on Special Measures for the Adjustment of Farmland Reform Projects, other farmland than the farmland allocated under Article 2 (2) of the same Act shall be returned to the original owner after the lapse of the above period, at the same time, the purchase measures of the State have been cancelled within the period of one year as stipulated in Article 2 (3) of the same Act.

Article 2 of the Act on Special Measures for Adjustment of Farmland Reform Projects

Supreme Court Decision 79Da311 Decided April 10, 1979, Supreme Court Decision 81Meu100 Decided July 28, 1981

The Gyeonggi-do Confucian School Foundation

The legal representative of the Republic of Korea shall be the Minister of Justice of Lee Jong-won, Lee Jong-sik, Park Jong-hee

Seoul High Court Decision 80Na3544 delivered on March 19, 1981

The judgment below is reversed and the case is remanded to Seoul High Court.

The plaintiff's grounds of appeal are examined.

According to the reasoning of the judgment below, the court below acknowledged that real estate of this case five is originally owned by the plaintiff and registered in the name of the plaintiff, but when the registry was destroyed due to six point 25 incidents, the defendant completed registration of preservation of ownership in the name of the defendant, barring special circumstances, and held that registration of preservation of ownership in the name of the defendant was null and void. The real estate of this case is naturally purchased and acquired at the same time as the enforcement of the Farmland Reform Act, since it was farmland of the plaintiff at the time of enforcement of the Farmland Reform Act, and the acquisition of the State's farmland under the Farmland Reform Act is a condition that the farmland will not be distributed as a matter of principle, but it is not returned to the original owner even if the farmland was not distributed to the plaintiff under the provision of Article 1 (2) of the Enforcement Decree of the Act on Special Measures for Farmland Reform, and thus, the court below rejected the plaintiff's claim for preservation of ownership in the name of the plaintiff, which was sold to each of the State after the purchase of the real estate in this case.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jong-woo (Presiding Justice)