The validity of cases where a prop has been received from a tenant after the prop has been distributed to his/her own farmland at the time of the enforcement of the Farmland Reform Act.

After a person who cultivated farmland before or after the enforcement of this Act and the original farmer filed a report of farmland as his own farmland at the time of the enforcement of this Act by agreement with the owner of the farmland, and is disposed of as his own farmland, the return of the farmland to the original owner shall have no legal effect.

Article 27 of the Farmland Reform Act

Park Jong-ro

Maliwon

Busan District Court Decision 63Na138 delivered on July 24, 1963, Busan District Court Decision 63Na138 delivered on July 24, 1963

We reverse the original judgment.

The case shall be remanded to Busan District Court Panel Division.

In principle, farmland that is not self-fishered is purchased from the State simultaneously with the enforcement of the Farmland Reform Act and distributed to the farm household that makes the purchase of farmland lawfully small land at the time of the enforcement of the Act, and there is no legal effect of the act in violation of Article 27 of the Farmland Reform Act to arbitrarily move the right to small land or return it to the prop after its promulgation. According to the facts established by the court below, the farmland is originally owned by the defendant, and the act in violation of the law can not take any effect of law. According to the facts established by the court below, although the plaintiff was small, through the farmland before and after the enforcement of the Farmland Reform Act, the plaintiff did not report it as farmland distribution between the original defendant and the defendant without reporting it as farmland distribution at the time of the enforcement of the Farmland Reform Act, and was disposed as the defendant's self-fisher farmland, which was actually cultivated by the plaintiff at around 1958, until the plaintiff returned the land to the defendant, and the above fact is the fact that the plaintiff returned the plaintiff's right to small land to the defendant, regardless of law enforcement of the plaintiff's reasoning.

Therefore, for the foregoing reasons, the judgment of the court below is reversed, and the judgment on the remaining grounds of appeal is omitted, and the judgment is delivered with the assent of all Justices who participated in the court below for a new trial.

Justices Han Sung-dong (Presiding Judge) of the Supreme Court