Redistribution of Distributed Farmland

Farmland returned pursuant to Article 18 (1) of the Farmland Reform Act and farmland forfeited or forfeited pursuant to Article 25 of the same Act shall be distributed by the head of the Gu, Si, Eup, or Myeon pursuant to the procedures under Article 32 of the Enforcement Decree of the same Act.

Articles 18, 19, and 25 of the Farmland Reform Act

Easure Kim

Lee Jong-soo et al., Counsel for the plaintiff-appellant

Busan District Court of the first instance, Daegu High Court of the second instance, 55 civilian 194 delivered on February 10, 1956

We reverse the original judgment.

I am to the Daegu High Court.

The ground of appeal by the plaintiff is that although the plaintiff's principal claim against the defendant was correct from the first land of this case, which is the case for requesting the delivery of land, the plaintiff had sold only one-year training for the cultivation of only one-year land from the first land of this case which was legally corrected, the plaintiff's original judgment can be acknowledged that the plaintiff's sale of the land was made again on the ground that the plaintiff had cultivated the sale of the land of this case, which was the short term on June 16, 4286. Thus, the plaintiff's direct filing of this lawsuit cannot be dismissed even after filing an objection with the farmland committee under the jurisdiction of this case, because the original judgment does not fit the difference, the plaintiff's principal judgment was dismissed, but that the judgment was erroneous in interpreting the law, and that the plaintiff's new distribution of farmland as a substitute did not lose his/her authority as to the farmland of this case as a result of the plaintiff's alteration of the farmland of this case's new ownership or new distribution of the farmland of this case's 1,000.

According to the reasoning of the original judgment, the court below recognized the fact that the head of Gun/Gu, based on evidence, sold and cultivated the farmland distributed to the defendant due to the enforcement of the Farmland Reform Act on the ground that the plaintiff sold it to another person, and further dismissed the principal suit on the ground that if the plaintiff raises an objection, he would bring an action directly after the year he filed a request for reconsideration with the Farmland Committee. However, according to Article 20 of the Farmland Reform Act, the farmland which was once distributed as farmland, which was returned by the judgment of the court under Article 18 of the same Act, and the farmland which was lost without compensation or right of cultivation by the judgment of the court under Article 19 of the same Act, was distributed pursuant to Article 32 of the Enforcement Decree of the same Act, and the head of Si/Gun/Gu, the head of Si/Gun/Gu, and the head of Gun/Gu, as the head of Gun/Gu does not have the authority to re-distribution the farmland by the previous Gun court's decision that did not have the authority to re-distribution of this Act on the ground that the plaintiff's new farmland distribution procedure was not followed.

Justices Kim Jong-il (Presiding Justice) Acting Justice Kim Jae-ho on the present allotment of Kim Dong-dong