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(영문) 대법원 1961. 11. 23. 선고 4294행상64 판결
[국유농지결정처분무효확인등][집9행,063]
Main Issues

The Minister of Agriculture and Forestry determines that the land devolving upon its jurisdiction has been paid in full and has been issued the documents required for transfer of ownership as state farmland and has been distributed to the Air Force Headquarters, and a lawsuit of objection thereto;

Summary of Judgment

(a) The farmland devolvingd is naturally reverted to the State pursuant to paragraph 1 of Article 5 of this Act, which is distributed by the State to the State (AF Headquarters) once again is void.

(b) a lawsuit of demurrer against the distribution of farmland shall not be subject to an administrative proceeding.

C. A lawsuit of objection concerning the distribution of farmland under the Farmland Reform Act shall fall under the jurisdiction of a general court, and even if Article 24 of the same Act, which is a natural provision, has been deleted, the jurisdiction shall not be changed, and a general lawsuit or administrative litigation shall not be instituted selectively.

[Reference Provisions]

Article 5 (1) 1 of the Farmland Reform Act, Article 11 of the Farmland Reform Act

Plaintiff-Appellant

The East Korean Institute of Research, a foundation

Defendant-Appellee

Minister of Agriculture and Forestry

Judgment of the lower court

Seoul High Court Decision 60Da94 delivered on February 22, 1961

Reasons

According to the records, if the purport of the plaintiff's claim and the cause of the claim are confirmed to be invalid if the administrative disposition determined as state farmland on June 22, 4291 by the defendant (the Minister of Agriculture and Forestry as state farmland) was confirmed to be invalid, the real estate in this case is owned by the Joseon Public Corporation, a corporation to which it belongs, and its land category was previously or actually the site, and its warehouse site was merely 64 million won from the government authorities in 4,000,000 won in 14,000 won in 4,000 won in 14,000 to 6,4293, and it cannot be interpreted that there was no violation of the law of the Republic of Korea as a matter of course by the law of the first half of December and 11, 4291, and the defendant's land category was distributed to the Ministry of Agriculture and Forestry in accordance with the provisions of the Farmland Reform Act and there was no violation of the law of the first half of April 15, 291.

Justices Hong Ma-won (Presiding Justice)

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