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(영문) 대법원 1961. 12. 7. 선고 4293민상38 판결
[부당이득금][집9민,096]
Main Issues

Relationship between a branch office and a non-distribution farmland in the Dong-Jon-ri area to be distributed together with the Monuri farmland under the Farmland Reform Act;

Summary of Judgment

Section 2 of this article specifies that the facilities, such as roads, concentration numbers, etc. directly needed for the management of the farmland specified by the management entity, regardless of its essential requirement or size, as farmland reverted to or to be distributed to the government under Article 5 of the same Act and to the self-employed farmer under Article 11 of the same Act, are attached to the relevant monin farmland and are owned or distributed together with the farmland.

[Reference Provisions]

Article 2 (2) of the Farmland Reform Act, Article 5 of the Farmland Reform Act

Plaintiff-Appellant

essential

Defendant-Appellee

Epicts

Judgment of the lower court

Seoul High Court Decision 59 civilian 240 decided December 10, 1959

Reasons

Article 2 (2) of the Farmland Reform Act is interpreted as a provision stipulating that the facility, such as a waterway, etc., which is a branch of a branch directly required for the management of farmland specified by the management entity, regardless of its essential size, is attached to the relevant mon farmland and is purchased or distributed together with the farmland. In this case, the court below held that since this case was created by evidence during a certain period of time, it is dependent solely on the water in the Dong-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-J.

Justices Choi Ma-mo (Presiding Justice)

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