(b) Whether or not "unenfford compensation" under Article 4 of the Act on Special Measures for Adjustment of Farmland Reform Project has been implemented;

The standard will be set on March 13, 1968.

The issue of "unsatisfy compensation" under this Article will be determined as the standard on March 13, 1968, in which this Act enters into force, in accordance with Article 6(a) of the Enforcement Decree of this Act.

Article 4 of the Act on Special Measures for the Adjustment of Farmland Reform Projects, Article 6 of the Enforcement Decree of the Act on Special Measures for the Adjustment of Farmland Reform Projects, Article 7 (1) 3 of the Farmland Reform Act

Plaintiff

Korea

Seoul High Court Decision 68Na2617 delivered on August 29, 1969, Seoul High Court Decision 68Na2617 delivered on August 29, 1969

We reverse the original judgment.

This case is remanded to the Seoul High Court.

We examine the grounds of appeal by the Defendant’s litigation performer;

The court below acknowledged the following facts. In other words, according to the following facts: (a) the total sum of 30,838 square meters in the attached list attached to the original judgment; (b) 37,90 square meters in total; (c) 5.982 square meters in total; and (d) the total sum of at least 1,124 square meters in total; and (e) 75.934 square meters in total, were owned by the plaintiff under Article 2(2)(b) of the Farmland Reform Act; (b) the plaintiff was sold to the defendant pursuant to the Farmland Reform Act for five years, calculated from 1950 to April 1963; (c) the plaintiff was paid 25,870 won in total with compensation for the above attached facilities; and (d) the amount of compensation calculated by the plaintiff from 205 to 150 square meters in total with compensation calculated by the Special Measures for Farmland Reform Act for 160 to 1960 square meters in total; and (e) the amount of compensation calculated by the above attached facilities for 160 years to 196.16 years in total.

However, according to Article 4 of the Act on Special Measures for the Adjustment of Farmland Reform Projects, the Government provides that the facilities under Article 2 (2) (b) of the Farmland Reform Act with respect to the compensation for farmland and its affiliated facilities shall be paid in equal annual installments for five years counting from 1960 to 1960. As determined by the court below, the term "unencied portion of compensation" referred to in the above provision shall be 190.13 as of October 13, 1960 at the time of the amendment of Article 7 (1) 3 of the Farmland Reform Act, or 1968.3.1 as of March 1, 1968, the above provision of Article 7 (1) 3 of the Enforcement Decree of the Act on Special Measures for the Improvement of Farmland Reform shall be interpreted as "unencied portion of compensation" without any special provision in the above Act. Thus, it is questionable that the court below's determination of "unencied portion of compensation" under Article 6 (16) 3 of the Act shall be excluded from the above provision of the above.316 of the Act.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

The judges of the Supreme Court (Presiding Judge)