Cases where there is an error in the misapprehension of legal principles as to farmland distribution procedures;

When re-distribution is made because of the waiver of distributed farmland, it is necessary to re-determine the receiver by undergoing the procedure under Article 32 of the Enforcement Decree of the Farmland Reform Act.

Article 32 of the Enforcement Decree of the Farmland Reform Act

Plaintiff

Defendant

Seoul High Court Decision 66Na1984 delivered on March 10, 1967

We reverse the original judgment.

The case is remanded to Seoul High Court.

The defendant's attorney's second ground of appeal is examined.

As the head of the Gu or Eup/Myeon having jurisdiction over the farmland distribution (which means that the farmland shall be returned to the Government) out of the farmland distributed to the non-party 1 and the non-party 2 shall be selected by the competent court under the law to re-distribution the farmland distribution to the non-party 1 and re-distribution of the farmland within the non-party 1 and the non-party 2 shall be confirmed through the distribution procedure under Article 32 of the Enforcement Decree of the Farmland Reform Act, such as land distribution table, and the non-party 1 and the non-party 2 shall be presumed to have been legally distributed to the plaintiff and the non-party 1 and the non-party 3 shall not be deemed to have been distributed to the non-party 1 and the non-party 4 shall not be deemed to have been distributed to the non-party 1 and the non-party 2 shall not be deemed to have been distributed to the non-party 1 and the non-party 2 shall not be deemed to have been distributed to the non-party 1 and the non-party 1 shall not be deemed to have been distributed.

In addition, even if the Defendant cultivated the farmland of this case, the lower court should deliberate and decide on whether the Defendant is an entity interested in the farmland distribution against the Plaintiff, and therefore, the lower judgment is reversed, and the case is remanded to the Seoul High Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Judge Do-dong (Presiding Judge) of the Supreme Court