logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고법 1975. 5. 9. 선고 73나2189 제5민사부판결 : 상고
[소유권이전등기말소등청구사건][고집1975민(1),224]
Main Issues

Whether farmland is reverted, excluding farmland to be distributed to farmers registered or confirmed as State-owned pursuant to Article 2 of the Act on Special Measures for the Adjustment of Farmland Reform Projects;

Summary of Judgment

Farmland except farmland to be distributed to farmers registered or confirmed as state-owned under the provisions of Article 2(1) of the Act on Special Measures for the Adjustment of Farmland Reform Projects as farmland acquired by the government under the provisions of Article 5 of the Farmland Reform Act is determined not to be distributed simultaneously with the enforcement of the said Act, and the farmland ownership is reverted to the original owner.

[Reference Provisions]

Article 2 of the Act on Special Measures for the Adjustment of Farmland Reform Projects, Article 5 of the Farmland Reform Act

Reference Cases

Supreme Court Decision 73Da1247 delivered on November 12, 1974 (Supreme Court Decision 74Da1390 delivered on October 8, 197, 73Da1271 delivered on November 10, 1974)

Plaintiff, Appellant

Korea

Defendant, appellant and appellant

Defendant 1 and five others

Judgment of the lower court

Daejeon District Court of the first instance (72 Gohap515)

Text

The original judgment shall be revoked.

The plaintiff's claim is dismissed.

All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

Purport of claim

As to the plaintiff, the defendants divided into 3,348 square meters, excluding 81 square meters, which successively connected each point of 3,429 square meters Ga, Da, Da, Ma, Ma, Ba, Ga, Ga, and Ga in the order of priority among 490-5, 3,429, Chungcheongnam-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do., the defendant 1 completed the procedure of registration of transfer of ownership on the ground of the decision of permission on May 31, 1972, 6108, which was received by the Daejeon District Court of Daejeon on June 30, 1972; the defendant 2 received the same support on March 21, 197; the defendant 3 performed the procedure of registration of transfer of ownership on the ground of sale on the same day; the defendant 2 performed the procedure of registration of creation of mortgage on the ground of the same month; and the procedure of registration of purchase of ownership on the ground of Article 525 of the Farmland Act.

Reasons

In the 3,429 of the 490-5th five thousand and forty-five thousand and forty-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five, the registration of ownership transfer was made between the two-five-five-five-five-five-five-three-three-three-three-three-three-three-one-three-three-three-three-three-one-three-three (three-three-three-three-three, one-three-three-three, one-three-three, one-three-one, one of the two-three-one, one of the parties to the registration of ownership transfer on the same day, and another one of the parties to the registration of ownership transfer on the same day.

The plaintiff asserted as the cause of the claim. This case is the non-party non-party's land as before the enforcement of the Farmland Reform Act, which was purchased by the Government pursuant to Article 5 (2) of the above Act. However, the defendants completed the procedure for the registration of ownership transfer or the registration of ownership establishment of neighboring land under the name of the defendants without any title to the land. The above registration shall be cancelled, except the defendant 4, 5, and 6, and the above defendants' inheritance registration from the deceased non-party shall be presumed to have the duty to execute the procedure for the registration of ownership transfer for the reasons of purchase under Article 5 (2) of the Farmland Reform Act, and the above defendants' ownership transfer or registration of ownership transfer is not recognized as non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's land ownership.

Therefore, the plaintiff's main claim against the defendants shall be dismissed without merit, and since the original judgment with different conclusions is unfair, the defendant's appeal against this is without merit, and the costs of the lawsuit shall be assessed against the losing party, and it is so decided as per Disposition.

Judges Don (Presiding Judge)

arrow