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(영문) 대구고법 1962. 10. 4. 선고 62나48 민사부판결 : 상고
[토지소유권이전등기절차이행청구사건][고집1962민,289]
Main Issues

Where a decision to change the purpose of land use by the Minister of Agriculture and Forestry is revoked, a farmland owner.

Summary of Judgment

In the event that the above decision was cancelled on June 6, 1955, which was made by the Minister of Agriculture and Forestry on June 5, 1957, when the land was still farmland, it shall be distributed retroactively from the time when the Farmland Reform Act was enforced in the order stipulated in Article 11 of the same Act, and it shall not be determined as at the time of cancellation.

[Reference Provisions]

Article 11 of the Farmland Reform Act

Reference Cases

[Plaintiff-Appellant] 62Da636 decided Dec. 3, 1962 (Law No. 1649 decided Jan. 17, 1963)

Plaintiff and the respondent

Plaintiff

Defendant, Prosecutor, etc.

Defendant

Judgment of the lower court

Daegu District Court of the first instance (1961 Civil Code321)

Text

This case is dismissed.

Expenses for public prosecution shall be borne by the defendant.

The purpose of public prosecution

The defendant¡¯s attorney shall revoke the original judgment.

The plaintiff's claim is dismissed.

The costs of lawsuit are assessed against the plaintiff through the first and second trials, and the plaintiff's attorney is seeking a judgment to the same purport.

Purpose of Claim

The defendant's attorney confirms that the real estate recorded in the attached list is farmland to be distributed to the plaintiff.

The costs of lawsuit are assessed against the defendant.

Reasons

According to the reasoning of the judgment of the court below, the following facts are justified: Gap evidence No. 1; Eul evidence No. 2; Eul evidence No. 6; Gap evidence No. 7; Eul evidence No. 10; and Eul evidence No. 1, No. 6; if the plaintiff's testimony of non-party No. 1 is proved to be non-party No. 1; the defendant's non-party No. 4 were non-party No. 9's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 1's non-party 6's non-party 1's non-party 1's non-party 6's non-party 1's non-party 1's non-party 6's non-party 1's non-party 1's non-party 6's non-party 1's non-party 4's non-party 1's non-party 1's non-party 1's witness

Judges Song-dae (Presiding Judge)

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