Farmland under the Farmland Reform Act where the previous tenant uses the land filled up as the "site" due to the partition and rearrangement of the land according to the urban district plan, and farmland under the Farmland Reform Act;

Where the land is replaced as a result of the division and rearrangement according to the urban district plan, even if the tenant of the previous farmland uses the land substituted by his/her own farmer for the agricultural land, the land does not become farmland as provided in this Act.

Article 7 (1) 4 of the Farmland Reform Act, Article 9 of the Enforcement Decree of the Farmland Reform Act

Sheet No. Round

Kim Jong-il

Seoul District Court Decision 4294 civilian Gong1472, 1473 delivered on May 1, 1962, Seoul High Court Decision 4293 delivered on May 1, 1962

the original judgment shall be reversed.

The case is remanded to Seoul High Court.

The grounds of appeal No. 1 by the defendant's agent on the attached Table shall be examined.

According to the original judgment, the court below determined that farmland subject to the Act on the Establishment of Agricultural and Fishing Villages refers to land actually used for the farm land regardless of its land category. Thus, even if land category was changed due to land substitution under the Urban Planning Act prior to the enforcement of the Act on the Establishment of Agricultural and Fishing Villages, if land category was actually used for farming at the time of the promulgation of the Agricultural and Fishing Villages Act, it shall also be governed by the Agricultural and Fishing Villages Act, and on this premise, the land of this case is naturally purchased from the Government by the enforcement of the Act on the Establishment of Agricultural and Fishing Villages. However, if land substitution under the Urban Planning and Fishing Villages Act is made according to the division and rearrangement according to the Urban Planning and Rearrangement Act, if the land is leased to another person for the purpose of continuously using the land as farmland due to the difference between the land substitution and the land substitution as farmland substitution under the Urban Planning and Fishing Villages Act, the land owner's own substitute land becomes farmland as referred to in the Farmland Improvement Act. Thus, the court below did not err in the misapprehension of legal principles as to farmland reform without the purchase of land.

It is so decided as per Disposition by the assent of all participating judges pursuant to Article 406 (1) of the Civil Procedure Act by omitting an explanation of the debate on other appeals.

The judge of the Supreme Court (Presiding Judge) Dog-Jak and Mag-Jak, the maximum leapbal leapbal leaps