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Main Issues
Cases concerning dispute obligations in an agricultural or fishing village, which do not examine and determine whether such obligations fall under the jurisdiction of a rural community;
Summary of Judgment
As of June 1, 1961, which was at the time of the closing of argument, there was an error that the exercise of the claim was too neglected under the Decree on the Adjustment of Accounting of Agricultural and Fishing Villages (No. 12, May 25, 61).
[Reference Provisions]
Decree on the Adjustment of Agricultural and Fishing Villages;
Plaintiff-Appellee
Park Jong-nam
Defendant-Appellant
Kim Sang-soo
Judgment of the lower court
Seoul High Court Decision 60No411 decided June 15, 1961
Text
We reverse the original judgment.
The case shall be remanded to the Daegu High Court.
Reasons
On June 1, 1961, the Decree on the Adjustment of Loans in Agricultural and Fishing Villages (No. 25, 1961) provides that the exercise of the right by creditors of the right to claim in agricultural and fishing villages shall be suspended once, and on June 1, 1961, the above Ordinance on the Adjustment of Loans in Agricultural and Fishing Villages had already been effective at the time of the conclusion of the pleadings by the court below, so considering that each address of the original defendant and the above Ordinance on the Adjustment of Loans in Agricultural and Fishing Villages had already been in effect on June 1, 1961, the farmland owned by the defendant as a mortgage, the above Ordinance on the Adjustment of Loans in Agricultural and Fishing Villages (No. 25, 1961) is doubtful, and therefore, there is a doubt that the obligation in question corresponds to the obligations in agricultural and fishing villages prescribed by the Ordinance on the Adjustment of Loans in Agricultural and Fishing Villages, and if so, the court below did not have any doubt about the fact that the plaintiff's claim
Therefore, it is so decided as per Disposition by the assent of all participating judges pursuant to Article 406 of the Civil Procedure Act without any judgment on other arguments.
The judge of the Supreme Court (Presiding Judge) shall be the person who is a public-private partnership