logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1970. 3. 10. 선고 68다1068 판결
[건물철거등][집18(1)민,182]
Main Issues

If a person who has a right to use and benefit from a land reserved for replotting acquires farmland from a person who has a right to use and benefit from the land reserved for replotting and obtains farmland distribution, the distributionr shall acquire ownership only to the farmland itself cultivated, and there is no right to use and benefit from the land designated

Summary of Judgment

If a person who has a right to use and benefit from the designation of a reserved land acquires a farming right to the reserved land from a person who has a right to use and benefit from the reserved land and obtains a farmland distribution, the distributionr shall acquire ownership only for the cultivated farmland itself, and there is no right

[Reference Provisions]

Article 57 of the Land Readjustment Projects Act, Article 11 of the Farmland Reform Act

Reference Cases

Supreme Court Decision 67Da1224, 1225 delivered on September 5, 1967, No. 63Da14 delivered on February 28, 1963

Plaintiff-Appellant

Plaintiff Foundation as an incorporated foundation

Defendant-Appellee

Defendant 1 and four others

Intervenor joining the Defendants

Intervenor joining the Defendant

Judgment of the lower court

Seoul High Court Decision 67Na1014 delivered on April 23, 1968, Seoul High Court Decision 67Na1014 delivered on April 23, 1968

Text

The original judgment shall be reversed, and

The case is remanded to Seoul High Court.

Reasons

The grounds of appeal by the plaintiff's agent are examined.

According to the judgment of the court below, the non-party 2 acquired the right to use and benefit from the previous land on the non-party 4 and the non-party 2's previous land lot number on the non-party 1, which was the non-party 4 and the non-party 2's previous land lot number on the non-party 1, and the non-party 2 acquired the right to use and benefit from the previous land on the non-party 2's land lot number on the non-party 1, which was the non-party 4 and the non-party 2's previous land lot number on the non-party 1, which was the non-party 4 and the non-party 2's previous land lot number on the non-party 1, which was the non-party 2's land lot number on the non-party 4 and the non-party 2's previous land lot number on the non-party 1, which was the non-party 2's land lot number on the non-party 2's land lot lot number on the non-party 1, and the non-party 2.

In this regard, the original judgment is reversed and remanded, and it is so decided as per Disposition by the assent of all participating Justices.

Justices of the Supreme Court (Presiding Judge) Kim Young-chul Kim Young-ho (Presiding Judge)

arrow