The validity of a lease contract concluded by a farmland improvement association without the approval of the Do Governor (Invalidity)

The lease contract for agricultural machinery concluded by the farmland improvement association without the approval of the Do governor under Article 183 of the Agricultural Community Modernization Promotion Act and Article 71 (1) 4 of the Enforcement Decree of the same Act shall be null and void.

Article 23, Article 183, Article 9 of the Addenda, Article 71 (1) of the Enforcement Decree of the Rural Community Modernization Promotion Act

Attorney Kang Shin-young, Counsel for the defendant-appellant

5. The Forestry Enterprise Improvement Association

Gwangju High Court Decision 78Na331 delivered on November 5, 1980

The judgment of the court below is reversed, and the case is remanded to Gwangju High Court.

We examine the Defendant’s grounds of appeal.

The Act on the Promotion of Agricultural and Fishing Villages No. 1 provides for the establishment of a general meeting of the members of the farmland improvement association under Article 22; amendment of the articles of association; establishment, amendment or repeal of the regulations; establishment, amendment or abolition of the plan for farmland improvement projects; establishment, management or disposal of accounts and property list; establishment, management or disposal of real estate; establishment, dissolution of reserves; and other matters within the authority of the Governor under the provisions of the Act on the Promotion of Agricultural and Fishing Villages No. 2, which are not subject to prior approval of the Governor on the 19th anniversary of the provisions of Article 22. The court below rejected the defendant's assertion that the above act cannot be deemed as effective for the 19th anniversary of the provisions of the Act on the 19th anniversary of the fact that the above act was not subject to prior approval of the Governor on the 19th anniversary of the fact that the above act was not subject to prior approval of the Governor. The court below's assertion that the Minister of Agriculture and Fishing Villages No. 2's act was not subject to prior approval of the Act No. 17th.

Therefore, the appeal cited in the above points is justified, and the judgment of the court below is reversed and the case is remanded to the Gwangju High Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Il-young (Presiding Justice)