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The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
1. As to the allegation that the original owner of the instant land 1, 2, and 3 was not Qua
A. If documents prepared in the course of distributing farmland under the former Farmland Reform Act (repealed by Act No. 4817 of Dec. 22, 1994, Article 2 subparag. 1 of the Addenda to the Farmland Act (amended by Act No. 4817 of Dec. 2, 1994, hereinafter the same) are written as compensation, they may be used as data for fact-finding
In addition, in cases where not only documents confirming farmland subject to distribution, such as the distribution farmland division, but also documents on compensation application, land price assessment protocol, land price securities, etc. prepared in the course of receiving compensation by a prop purchased from the State are consistent with the entry of the owner, these documents are valuable data to recognize that land ownership was transferred to the titleholder at the time of distributing farmland (see, e.g., Supreme Court Decision 2012Da17455, Dec. 24, 2014).
The lower court determined that each of the above lands’ ownership was transferred to Q at the time of the enforcement of the former Farmland Reform Act, in light of the following: (a) stated in the distribution farmland division as Q Q; (b) written application for compensation for the land before the land was divided into the instant land 1, 2, and 3; and (c) indicated as Q Q.
C. As to this, the Defendant asserted that Q acquired the ownership of the land before Q was divided into the land of this case 1, 2, and 3 before the enforcement of the former Farmland Reform Act without examining the probative value of the documents related to farmland distribution, although the documents related to farmland distribution were not presumed to have been presumed to have owned ownership under the substantive law even though they were written as compensation in the documents related to farmland distribution.
In addition to documents confirming farmland subject to distribution, the court below shall receive compensation from the prop.