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(영문) 대법원 1960. 8. 18. 선고 4292민상967, 968 판결
[부동산소유권이전등기][집8민,119]
Main Issues

Land corresponding to the "land recognized as a site by the Market Price Plan" under Article 1 of the Enforcement Decree of the Act on the Disposal of Property Belonging to Jurisdiction.

Summary of Judgment

The phrase “land recognized as a site according to a land plan” in Article 1 of the Enforcement Decree of the Farmland Reform Act means the land within the area where the planning work and the land partition rearrangement work under the urban district plan had been implemented before the Enforcement Decree of the Farmland Reform Act, and the land within the area where the agency implementing the plan in order to implement the urban district plan after the enforcement of the above Act, and the land within the area where the Minister of Agriculture and Forestry has received the decision to authorize the change of purpose of use from the Minister of Agriculture and Forestry pursuant to Article 6(1)4 of the Enforcement Decree of the Land Improvement Decree of the City

[Reference Provisions]

Article 2 (1) of the Act on Property Disposal for Reversion, Article 1 of the Enforcement Decree of the Act on Property Disposal for Reversion

Plaintiff-Counterclaim Defendant-Appellant-Appellee

Jin-Jin-Jin Park

Saryary Lessee-Appellee-Appellant

E.I.D.

Judgment of the lower court

Seoul High Court Decision 58Do546, 547 delivered on August 27, 1959, Seoul High Court Decision 58Da547 delivered on August 27, 1959

Reasons

Article 1 of the Enforcement Decree of the Act on the Disposal of Property for Reversion, which is excluded from the farmland as stipulated in the proviso of Article 2 (1) of the Act on the Disposal of Property for Reversion at the time of the enforcement of the Act on the Disposal of Land for Reversion, notwithstanding the fact that the agency implementing the plan has been illegally determined to permit the change of the purpose of use from the Minister of Agriculture and Forestry in accordance with Article 6 (1) 4 of the Enforcement Decree of the Act on the Disposal of Land for Reversion, and the land which was recognized as a site by the urban district plan before the enforcement of the Farmland Reform Act is interpreted to be excluded from the farmland as a site under the urban district plan. Since the land which was recognized as a site by the urban district plan and the land rearrangement project was conducted before the enforcement of the Farmland Reform Act and the land within the area where the urban district plan was completed after the enforcement of the Act on the Disposal of Land for Reversion, which had been recognized as an unlawful land distribution plan for 4th day after the enforcement of the Act on the Disposal of Land for Reversion at the same time as the urban district was approved.

Supreme Court Decision 201Da1449 delivered on December 1, 201

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