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(영문) 대법원 1959. 10. 8. 선고 4292민상13 판결
[농지입찰경매취소][집7민,246]
Main Issues

If an auction is in violation of the procedures prescribed by the Farmland Reform Act, the owner of the right

Summary of Judgment

An interested party who has an objection to the distribution of farmland may either obtain confirmation of the distribution or auction of the farmland in question or file a claim for the delivery of the farmland in question on the premise that the distribution or auction of the farmland in question is null and void, with respect to the person who received the distribution of farmland, and may not file a claim against the Farmland Committee for the cancellation of the distribution or auction itself.

[Reference Provisions]

Article 22 of the Farmland Reform Act

Plaintiff-Appellee

Of the net relocation of the deceased, the legal representative, a person in parental authority, a mother Kim Jong-ok, from among the offline of the deceased.

Defendant-Appellant

The Jung-Eup Farmland Committee

Judgment of the lower court

Seoul High Court Decision 56No460 decided October 15, 1958

Reasons

According to the Farmland Reform Act, interested parties who have an objection to the implementation of the farmland shall file a request again with the farmland committee, and file a final appeal to the City/Do committee, which shall be permitted to file a lawsuit with the competent court in which the farmland is located pursuant to Article 24 of the same Act, and thus, interested parties who have an objection to the distribution of farmland shall be entitled to file a lawsuit with the competent court in which the farmland is located (the successful bidder under Article 21 (1) 3 of the Enforcement Decree of the same Act and Articles 23 through 32 of the Enforcement Decree of the same Act) on the premise that the distribution of farmland is invalid or auction, and shall file a claim for the distribution or auction of the farmland, and shall not be allowed to file a claim against the farmland committee for the delivery of the farmland, or to file a lawsuit for the cancellation of the sale or auction itself, notwithstanding the fact that there is a defect in the procedure prescribed in the Farmland Reform Act before the sale of farmland is revoked, the court below shall have determined that the farmland auction or auction itself was unlawful before the cancellation of the auction of the farmland auction.

Justices Kim Du-so (Presiding Justice)

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