logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1955. 7. 28. 선고 4288민상67 판결
[부동산소유권이전등기말소등기][집2(7)민,027]
Main Issues

Farmland purchase by the State and the loss of rights by all owners;

Summary of Judgment

When farmland is purchased from the State under the Farmland Reform Act, the former owner will lose his ownership due to the purchase by the State.

Reference Articles

Articles 5 and 11 of the Farmland Reform Act, Article 32 of the Enforcement Decree of the Farmland Reform Act

Plaintiff-Appellee

Attorney Kim Tae-tae, Counsel for the defendant-appellant in this year

Defendant-Appellant

Cho Young-won et al., Counsel for the defendant-appellee

Judgment of the lower court

Seoul District Court of the first instance, the Seoul High Court of the second instance, 54 civilian 165 delivered on November 9, 1954

Text

We reverse the original judgment.

The main case is dismissed.

Public prosecution and appeal litigation costs shall be borne by the plaintiff.

Reasons

According to the reasoning of the judgment of the court below, the plaintiff filed a claim for the registration of ownership transfer against the non-party 1 in Seoul District Court for the execution of the non-party 2's non-party 1's land ownership transfer to the non-party 1's non-party 2's non-party 1's non-party 2's non-party 2's non-party 2's non-party 3's non-party 2's non-party 2's non-party 4's non-party 2's non-party 1's non-party 4's non-party 2's non-party 4's non-party 1's non-party 2's non-party 2's non-party 4's non-party 1's non-party 2's non-party 2's non-party 3's non-party 1's non-party 2's non-party 3's non-party 1's non-party 2's non-party 1's non-party 3's non-party 1's.

In the event that farmland was properly purchased and distributed under the Farmland Reform Act, the owner of the farmland will lose its ownership due to the purchase and distribution of the State. According to the records of the original judgment, the Plaintiff purchased the land from the non-party hospital to the non-party, and then filed a provisional disposition prohibiting purchase, gift pledge, mortgage, and all other disposal acts against the non-party, and filed a lawsuit claiming the performance of the procedure for ownership transfer transfer registration against the non-party, the judgment in favor of the Plaintiff was finalized on February 4, 4283, but it cannot be asserted against the plaintiff as the non-party on the 14th day of the same month after the completion of the procedure for ownership transfer registration under the name of the non-party, which is the right of provisional disposition, even if the purchase and sale of the land between the Plaintiff and the non-party hospital was conducted by the non-party 1 and the non-party 1, who is the right of the non-party 1, who is the right of the purchase and sale of the land at the same time, and thus, it cannot be acknowledged that the plaintiff's purchase and sale of the non-party 1, as a new bond.

Justices Kim Dong-dong (Presiding Justice) Acting Justice Kim Jae-ho on the present allocation of Kim Jong-dong (Presiding Justice)

arrow