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(영문) 의정부지방법원 2012.04.26 2011나6091
부당이득금반환
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons why the court should explain this part of the basic facts are the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The party's assertion and judgment

A. The plaintiff acquired the ownership of the real estate in this case due to the enforcement of the compulsory auction procedure by provisional seizure that was completed for the real estate in this case, and E acquired the ownership of the real estate in this case, the public auction in this case became null and void, or the plaintiff cancelled the public auction in this case pursuant to Articles 576 and 578 of the Civil Act, and the public auction in this case was retroactively null and void. The debtor B is the debtor, and the defendant is not the debtor. The defendants claimed that the plaintiff is liable to return to the plaintiff the amount stated in the claim as stated in this case.

B. The farmland sales contract without the certificate of farmland sale under the former Farmland Reform Act (repealed by Act No. 4817, Dec. 22, 1994; Act No. 2 subparag. 1, Article 2 of the Addenda of the Farmland Act) can be effective as a bond contract, i.e., the effect of the change of real rights, i.e., the effect of the transfer of ownership, and this legal principle also applies to the sale in accordance with the public sale procedure. Even if the sale decision and the payment for the farmland were made in the public sale procedure at the time of the enforcement of the former Farmland Reform Act, the purchaser failed to acquire the ownership unless the certificate of farmland sale under the former Farmland Reform Act was obtained. Since the certificate of farmland sale under the former Farmland Reform Act was enacted by Act No. 4817, Dec. 22, 1994; and enforced from January 1, 1996), the owner of the farmland subject to public sale still did not obtain the ownership.

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