Main Issues
In the auction of a bid for farmland falling under Article 21 of the Enforcement Decree of the Farmland Reform Act, the effect of the distribution of farmland where there is an error in the procedure of public notice.
Summary of Judgment
Even if the public auction of farmland falling under Article 21 of the Enforcement Decree of the Farmland Reform Act does not make a public announcement under the provisions of this Article, the procedure of distribution and repayment shall be completed, and the transfer registration of ownership shall be completed, and the farmland distribution shall not be revoked on the grounds of the defects in the method of public announcement.
[Reference Provisions]
Article 22 Article 23 of the Farmland Reform Act, Article 21 of the Enforcement Decree of the Farmland Reform Act, Article 30 of the Enforcement Rule of the Farmland Reform Act
Plaintiff-Appellee
Hong Man-man
Defendant-Appellant
New rocks
Judgment of the lower court
Daegu District Court Decision 63Na454 delivered on March 23, 1964
Text
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
Reasons
In light of Article 30 of the Enforcement Rule of the Farmland Reform Act, when the Minister of Agriculture and Forestry intends to sell farmland falling under Article 21 of the Enforcement Decree of the Farmland Reform Act as an open bid method, he/she shall designate and publicly announce the place of auction at least one month prior to the date of auction through the Official Gazette and newspapers, etc. However, in the public auction of the farmland of this case falling under Article 21 of the Enforcement Decree of the Farmland Reform Act, the head of the Gun to achieve the purpose of the public auction is merely a public announcement of the farmland of this case in the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun
However, even if there is an error in the above procedure in the distribution of farmland in this case, the distribution of farmland shall not be deemed as null and void as a matter of course, and there is no evidence from interested parties to acknowledge that there was an objection or appeal under Articles 22 and 23 of the Farmland Reform Act, the distribution procedure and repayment have already been completed, and the transfer registration of ownership has already been completed, and it shall not be cancelled for the reason of the defect in the method of public notice.
The issue is the opposite view, so it cannot be employed.
Therefore, it is so decided as per Disposition by the assent of all participating judges.
Supreme Court Judge Lee Young-sub (Presiding Judge)