Main Issues
Deliberation and administrative litigation on matters concerning the implementation of the Farmland Reform Act;
Summary of Judgment
Matters concerning the enforcement of the Farmland Reform Act shall be subject to an objection, an appeal, or a lawsuit under Article 22 or 24 (number) of the same Act. Therefore, it shall not be subject to an administrative litigation.
[Reference Provisions]
Article 22 of the Farmland Reform Act
Plaintiff-Appellant
Kim Ho-ho
Defendant-Appellee
The head of Seongbuk-gu Seoul Metropolitan Government
Intervenor joining the Defendant
Whites
Judgment of the lower court
Seoul High Court Decision 57Da212 delivered on May 30, 1958
Reasons
According to Article 22 of the Land Reform Act, an interested party who has an objection as a matter of enforcement of the same Act can file a second suit with the competent committee in sequential order. If there is a reason under any subparagraph of Article 24 of the same Act, a suit may be filed with the competent court having jurisdiction over the location of the farmland pursuant to the same Article. Thus, matters concerning the enforcement of the Farmland Reform Act shall not be subject to administrative litigation (Article 182 of the same Act, No. 57 of the same Act, No. 1956, No. 57 of the same Act, No. 1957 of the same Act, No. 182 of the same Act). According to the records and the original judgment of this case, the purport of the plaintiff's second suit is that the defendant's claim for the second suit shall be valid for the second suit, which is a facility attached to the farmland cultivation and farmland, which was executed by the defendant as of November 15, 1957 under the Farmland Reform Act and the Enforcement Decree of the same Act, and that the plaintiff's claim for the second auction price and the second auction price shall be revoked.
Justices Oh Ki-soo (Presiding Justice)