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(영문) 대법원 1964. 6. 9. 선고 63다1108 판결
[소유권이전등기말소·토지인도][집12(1)민,178]
Main Issues

Whether the certification of the location agency is required for the donation of farmland between the persons located in the same household;

Summary of Judgment

The certification of the location office shall be obtained even where the owner of the same household moves, exchange, gift, etc. in the same household.

[Reference Provisions]

Article 19(2) of the Farmland Reform Act and Article 6(1)1 of the Farmland Reform Act

Plaintiff-Appellee

InvoicingS

Defendant-Appellant

Records of classicals

Judgment of the lower court

Gwangju District Court Decision 63Na29, 240 delivered on July 16, 1963

Text

We reverse the original judgment.

The case shall be remanded to the Gwangju District Court.

Reasons

The defendant's attorney's ground of appeal No. 4 is examined.

According to the reasoning of the judgment of the court below, the court below held that the defendant and the co-defendants of the court of first instance live together in the same household as the father, and since farmland is added, when the defendant donates farmland to co-defendants of the court of first instance, it is unnecessary to grant permission to the government office where the farmland is located, unless the

However, in light of the purpose of legislation that makes it impossible to own more than three information as a farmer of the Farmland Reform Act, it is interpreted that even in the same household, if there is a transfer of the owner of the transaction exchange donation, etc., the certification of the seat office should be obtained in any case. Therefore, the court below erred in interpreting the Farmland Reform Act.

The issue is with merit in this point, and the judgment of the court below is reversed by omitting an explanation of the remaining grounds for appeal, and the case is remanded to the Gwangju District Court for further proceedings. 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

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