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)