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(영문) 서울고등법원 2019.05.30 2018나2026312
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The grounds for this part of the underlying facts are as stated in the relevant part of the reasoning of the judgment of the first instance, except for partial dismissal as follows. Thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The 13th parallel " June 18, 1952" shall be read as " July 16, 1951".

2. Determination

A. 1) The occurrence of liability for damages does not require registration as an original acquisition of farmland, except as otherwise provided in Article 6 of the former Farmland Reform Act (amended by Act No. 31, Jun. 21, 1949; repealed by Act No. 4817, Dec. 22, 1994; Act No. 2 subparag. 1, Article 2 of the Addenda of the Farmland Act). The Government naturally purchased ownership at the same time as the promulgation of the former Farmland Reform Act, and acquired ownership as a matter of course, and it does not require registration as an original acquisition (see, e.g., Supreme Court Decisions 4291Da147, Oct. 30, 1958; 2002Da5666, Oct. 10, 203). The purpose of the former Farmland Reform Act, which was not self-employed under the former Farmland Reform Act, is to provide for the cancellation of farmland distribution after purchasing it, and thus, ownership of farmland is not distributed to the owner of farmland for the purpose of 197.

According to the purpose and regulation of the enactment, farmland acquired by the government under the provisions of Article 5 of the former Farmland Reform Act, except farmland to be distributed to farmers who are registered or confirmed as state-owned under the provisions of Article 2 of the same Act, shall not be distributed simultaneously with the implementation of the Act on Special Measures.

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