Cases where the land located in a water welfare district is farmland on the date of promulgation of the proposal for the enforcement of the Farmland Reform Act for the water welfare district, and where it is not examined and determined by whose person the land is the farmland;

With respect to land located in the water welfare district, there is an error of reason in the original judgment that judged only on the basis of the purchase from the former owner, although it is necessary to examine and determine whether the land is farmland and who is the cultivator if the land is farmland as of the date of the public announcement of the recommendation of special cases concerning the enforcement of the Farmland Reform Act for the water welfare district.

Article 1 of the Act on Temporary Administrative Measures for Water Welfare Districts, Article 3 of the Act on Temporary Administrative Measures for Water Welfare Districts, Article 2 of the Act on Special Cases concerning the Enforcement of the Farmland Reform Act for Water Welfare Districts

Dried refus

Jinhee et al.

Seoul High Court Decision 59No2278 delivered on October 13, 1960, Seoul High Court Decision 2005Da2278 delivered on October 13, 1960

The judgment of the court of first instance, which judged the land as the site of this case and decided the existence of ownership of this case's land and the plaintiff's claim for delivery of the same land on the basis of the purchase from the non-party Park Jong-hee. However, according to the facts cited in the judgment of the court of first instance, the court below did not determine whether the land in this case is actually used for the actual cultivation, and judged that the land in this case's land is the site of this case's land, the legal category of which is the site of this case, and it is obvious that the site of this case's land is located in the water welfare area pursuant to Article 1 and Article 3 of the Act on Temporary Administrative Measures for the Enforcement of the Farmland Reform Act (Act No. 350) as of April 10, 4291, which was the date of the promulgation of the Act on the Special Cases concerning the Enforcement of the Farmland Reform for the Water Welfare Zones, if the farmland in this case is farmland used for the actual cultivation as of April 10, 291.

Justices Lee B-ho (Presiding Justice)