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(영문) 대법원 1962. 2. 22. 선고 4293민상668 판결
[원인무효에인한토지소유권이전등기말소][집10(1)민,125]
Main Issues

(1) If the land has not been subject to prescribed recognition procedures, the land shall be deemed to have

Summary of Judgment

The existing discussion cannot be interpreted as a subject of government purchase even if it did not follow the recognition procedures under the enforcement rules of this Act.

[Reference Provisions]

Article 6 (1) 7 of the Farmland Reform Act, Article 12 of the Enforcement Decree of the Farmland Reform Act

Plaintiff-Appellant

From among the studio sphere type of studio spon

Defendant-Appellee

Kim Jong-soo

Judgment of the lower court

Jinju support in the first instance, Daegu High Court Decision 60 civilian 188 delivered on July 20, 1960

Text

The original judgment shall be reversed.

The case shall be remanded to the Daegu High Court.

Reasons

The grounds of appeal by the plaintiff's attorney are the same as those of the appellate brief that was sent at the end of this judgment.

According to the provision of Article 6 (1) 7 of the farmland Reform Act, the previous farmland which was not collected for the purpose of protecting graves from the previous clans shall be excluded from the purchase of farmland by the Government as a matter of course pursuant to the Farmland Reform Act, and the procedure for the application to the person who wishes to obtain recognition of the above farmland shall not be interpreted that the above farmland is subject to purchase by the Government. However, according to the reasoning of the judgment of the court below in this case, the court below asserted that this land is the farmland of the plaintiff clans and the fact that the plaintiff did not file an application for recognition of the above farmland is not self-contested at the time of the enforcement of the Farmland Reform Act, and that the non-party's land will be purchased by the Government as a matter of course, and even if the above farmland was purchased by the government, the non-party's land was also purchased under the name of the non-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-appellee.

Therefore, in order to reverse the original judgment and to have the original judgment re-trial, it is so decided as per Disposition by the assent of all participating judges.

The judge of the Supreme Court of Justice Hong Ma-won (Presiding Judge)

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