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(영문) 대법원 1970. 11. 30. 선고 70다1967 판결
[소유권이전등기말소등][집18(3)민,350]
Main Issues

(a) The first day of the publication period of sight under Article 32 of the Enforcement Decree of the Farmland Reform Act shall begin from the time of zero;

(b) The State shall have the obligation to transfer ownership of farmland which was sold to the State in accordance with the Farmland Reform Act and reverted to the ownership of the State;

Summary of Judgment

(a) the first day of the publication period of sight begins from the time of zero;

B. The State is obligated to perform the transfer of ownership due to the distribution of farmland, and this Article stipulates that the head of Si/Gu/Eup/Myeon shall take charge of the above registration affairs.

[Reference Provisions]

Article 16-2 of the Farmland Reform Act, Article 32 of the Enforcement Decree of the Farmland Reform Act, Article 157 of the Civil Act

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

Republic of Korea and one other

Judgment of the lower court

Seoul High Court Decision 70Na67 delivered on July 24, 1970

Text

All appeals by the Defendants shall be dismissed.

The costs of appeal shall be borne by the defendants.

Reasons

Judgment on the first ground for appeal by Defendant Seoul Special Metropolitan City Attorney

In this case, it can be easily known that the plaintiff's claim for cancellation of the registration or registration of transfer of ownership is not only specified on the register, but also specified by the evidence Nos. 15-2 (written drawings) of Dongdaemun-gu Seoul ( Address No. 1 omitted) and the part indicated by the evidence No. 15-1 (former drawings) of the records No. 15-2 (Name No. 2 omitted). The court below did not have any reason to appeal the plaintiff's claim for lawful confirmation of the fact that the plaintiff received farmland distribution.

As to the ground of appeal No. 2

The court below is justified in recognizing that the first day of the period of public notice pursuant to Article 32 of the Enforcement Decree of the Farmland Reform Act for the distribution of farmland was to be in compliance with the ten-day period of public notice, since it was determined that the period of public notice in sight pursuant to Article 32 of the Enforcement Decree of the Farmland Reform Act was from April 3, 1950 to April 12, 1950, and that the period of public notice

Judgment on the grounds of appeal by Defendant 1’s litigation performer;

Since non-self-employed farmland is sold to the State under the Farmland Reform Act for the distribution of farmland and belongs to the State's ownership, the obligation of the State to transfer ownership due to the distribution of farmland is the obligation of the State to implement the obligation, and the provisions of Article 16-2 of the Farmland Reform Act of the theory are the provisions of Article 16-2 of the theory that the Si/Gu/Eup/Myeon shall take charge of the above registration affairs, and it does not stipulate that it shall be the person responsible for registration. The appeal is groundless.

Therefore, it is so decided as per Disposition by the assent of all participating Justices.

[Judgment of the Supreme Court (Presiding Judge) Nabri-dong and Dobri-Jaking Hanwon

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