Where farmland is distributed to a national school, the validity of such distribution;

Since a national school is merely a side facility or a public structure for education of children, it is not entitled to receive farmland distribution since it is not possible to become the subject of legal ability, so if farmland distribution has been made in a national school, the distribution is null and void.

Article 11 of the Farmland Reform Act

Seoul High Court Decision 200Hun-Ga455 delivered on June 8, 1957

Lee Jae-ho

500. Mateok

Gwangju District Court (78Gahap163)

Supreme Court Decision 81Da1355, 81Meu1237 Decided August 24, 1982

The appeal is dismissed.

Expenses for appeal shall be borne by all the plaintiff before and after the remand.

The defendant will implement the procedure for the cancellation registration of transfer of ownership completed by receipt No. 61 of January 8, 1971 with respect to the plaintiff as to 10 to 100 to 924-10 to Song-dong, Chungcheongnam-gu, Seoul.

All the costs of lawsuit shall be borne by the defendant in the first and second instances.

The judgment of the first instance is revoked, and the same judgment as the purport of the claim is stated.

With respect to the land in which the purport of the claim is stated (hereinafter referred to as the "land in this case"), the registration of transfer of ownership in the name of the co-defendant in the name of the defendant in the judgment of the court of first instance is completed on the ground of sale as of June 27, 1961, after the registration of transfer of ownership in the name of the defendant in the name of the co-defendant in the judgment of the court of first instance was completed on June 5, 1961, and the registration of transfer of ownership was completed on the ground of sale as of October 12, 1968, and the registration of transfer of ownership in the name of the co-defendant in the name of the defendant in the name of the co-defendant in the judgment of the court of first instance was completed on October 5, 1970, there is no dispute between the parties concerned.

However, since the above land was originally partitioned from 924-2 to 410 square meters of the above 424, the plaintiff's representative was the deceased's possession of the above 410 square meters of the land which was divided by 924-10 square meters of the above 410 square meters, and since the deceased died on December 28, 197 and completed the registration of ownership transfer for the land of this case without any title, the above 10th of the above 4th of the 5th of the 4th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 1st of the 5th of the 5th of the 1st of the 5th of the 5th of the 1st of the 5th of the 1st of the above 2nd of the 2nd of the 4th of the 2nd of the 2nd of the 2nd of the 1st of the 1st of the defense.

In this case, the above abnormal crime or the plaintiff's claim for this case, which is sought on the premise that the above defendant acquired ownership of the land of this case, shall be dismissed as it is no longer necessary to make a decision, and the judgment of the court of first instance is just in this conclusion, and the costs of appeal shall be all assessed against the plaintiff through the before and after the remand.

Judges Kim Jae-chul (Presiding Judge)