Main Issues
The validity of the disposition of distribution of farmland not subject to the procedure under Article 10(1) of the Enforcement Decree of the Farmland Reform Act
Summary of Judgment
If a state-owned farmland is distributed without following the procedure under Article 10 (1) of the Enforcement Decree of this Act, the allocation of the farmland is null and void as a matter of course.
[Reference Provisions]
Article 11 of the Farmland Reform Act, Article 10 (1) of the Enforcement Decree of the Farmland Reform Act
Plaintiff-Appellee
Plaintiff 1 and 12 others
Defendant-Appellant
Defendant
Judgment of the lower court
Seoul High Court Decision 67Na328, 329, 330 decided October 18, 1967
Text
We reverse the original judgment.
The case is remanded to Seoul High Court.
Reasons
Defendant ○○○○○○’s ground of appeal is examined.
According to the reasoning of the judgment of the court below, the court below held that the non-party 1, who is the father of the plaintiff 13, the non-party 1, the non-party 1, who is the father of the plaintiff 1, the non-party 1, the non-party 2, the non-party 6, and the father of the plaintiff 8, is not entitled to the non-party 1, the non-party 1, the non-party 1, the non-party 1, the non-party 1, the non-party 1, the non-party 2, the non-party 1, the non-party 1, the non-party 1, the non-party 1, the non-party 2, the non-party 1, the non-party 12, the non-party 3, the non-party 1, the non-party 1, the non-party 2, the non-party 1, the non-party 2, the non-party 1, the non-party 3, the non-party 1, the non-party 1, the non-party 1, the defendant 2.
Therefore, by applying Article 406(1) of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating Justices.
Judge Do-dong (Presiding Judge) of the Supreme Court