beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the court's explanation concerning this case is that the land stated in Paragraph 1 of Article 3 of the judgment of the court of first instance is rewritten "the land stated in Paragraph 1 of the order," and that part of Section 3 and Section 6 "C. Whether the land in this case is subject to distribution at the time of land reform is identical to the part of the judgment of the court of first instance, except for the following modifications, and thus, it is consistent with the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be dried;
A. (2) Relevant legal principles are that the Government purchases farmland which is not self-owned under the former Farmland Reform Act (repealed by Act No. 4817 of Dec. 22, 1994; Article 2 subparagraph 1 of the Addenda of the Farmland Act; Act No. 4817 of Dec. 22, 1994) on the condition that the farmland will not be distributed later. Thus, among the purchased farmland, it shall not be included in the distributed farmland finalized through the procedures prescribed in Article 32, etc. of the former Enforcement Decree of the Farmland Reform Act (repealed by Article 2 subparagraph 1 of the Addenda of the Enforcement Decree of the Farmland Act, Act No. 14835 of Dec. 22, 1995); it shall not be deemed that the farmland which was not distributed at the time of enforcement of the farmland Reform Project under the former Act on Special Measures for Farmland Reform (repealed by Act No. 4817 of Dec. 22, 1994) is not distributed to the original farmer, regardless of whether it is distributed or confirmed to the farmland.
(See Supreme Court Decision 2002Da5666 Decided October 10, 2003). In addition, even if farmland is registered as a state-owned property under Article 2(1) of the Act on Special Measures, it excludes farmland distributed pursuant to Article 2(2) of the Act on Special Measures within the period of Article 2(3) of the Act on Special Measures.