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(영문) 대법원 1973. 6. 26. 선고 71다1281 판결
[소유권이전등기][집21(2)민,089]
Main Issues

Standard time for exceeding three information under the Farmland Reform Act;

Summary of Judgment

The standard time of exceeding three information under the Farmland Reform Act shall be the time of acquiring the ownership of the farmland in reality.

[Reference Provisions]

Article 6 of the Farmland Reform Act

Plaintiff-Appellee

Plaintiff 1 and two others

Defendant-Appellant

Defendant

Judgment of the lower court

Daejeon High Court Decision 70Na2194 decided May 20, 1971, Daejeon High Court Decision 70Na2194 decided May 20, 197

Text

The appeal is dismissed. The costs of appeal are assessed against the defendant.

Reasons

1. The defendant's attorney's first ground of appeal is examined.

The lower court determined that Plaintiff 1’s farmland at the time of the closing of argument in the lower trial as of 4677.5, and there was no error in the process of fact-finding in light of the record, even in light of the records. Furthermore, the lower court’s judgment based on the premise of the same purport is justifiable, and it is not acceptable to find that the lower court’s determination based on the premise of the same purport should be based on the standard when the ownership of the farmland should be acquired at the time of actual acquisition.

2. The above ground of appeal No. 2 is examined.

Since the determination of evidence and the recognition of facts are matters belonging to the exclusive authority of the judge of the original court, and the examination of various evidence cited by the original judgment in light of the records, it cannot be said that there is an unlawful ground for lack of evidence in the measures that recognized facts as stated in the original judgment. (Reviewing before and after the original judgment's explanation, the lower court did not have the purport of rejecting the testimony of the non-party witness.) The argument is groundless.

The appeal is dismissed as it is without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Byung-ho (Presiding Justice)

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