(a) In the auction of farmland within an urban planning zone, a copy of the certificate of sale and purchase of farmland (negative);

B. Whether the land transaction permission system also applies to the auction procedure (negative)

(a) In the event of an auction of land, the category of which is farmland, within an urban planning zone, it is unnecessary to certify the sale and purchase of farmland;

(b) Permission for land transaction shall not apply to the auction procedure.

(a) Article 87 (1) of the Urban Planning Act, Article 19 (2) of the Farmland Reform Act; Article 21-3 of the Act on the Utilization and Management of the National Territory;

A. Supreme Court Order 90Ma679 Dated October 11, 1990 (Gong1990, 2266)

[Defendant-Appellee] Defendant 1 et al.

Suwon District Court Order 90Ra42 dated August 13, 1990

The reappeal is dismissed.

1. As to the ground of reappeal No. 1

In cases where a building is constructed on the land which is the object of auction, the public announcement of the date of auction shall indicate the real estate for the purpose of auction on the ground, and there is no legal provision that the building is located on the ground, or that the building should be displayed together, so the public announcement of the date of auction at the auction court at

2. As to the second ground for reappeal:

It cannot be a legitimate ground for appeal to claim that the appraised amount is lower than the market price without specifying any defects in the real estate appraisal procedure for the auction of real estate, and in this case, the argument that the appraiser assessed the price without considering the fact that the building is located on the target land is located in the real estate shall not be accepted, without considering the fact that there is a building on the target land, and it shall not be deemed that there is a defect in the appraisal. Therefore, the argument shall not

3. As to the ground of reappeal No. 3

Even if the land category becomes farmland, if the land located within the urban planning zone is sold by auction, it is unnecessary to prove the sale and purchase of the land, and the land transaction permission is not applied to the auction procedure, so the discussion is without merit.

4. The reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sung (Presiding Justice)