Whether a successful bid can be granted where a certificate of sale and purchase of farmland is attached to a Myeon, which is not a location of the farm;

Despite the fact that the certificate of sale and purchase of farmland should be attached to the head of the government office at the seat of the farmland, if the certificate of sale and purchase of farmland is attached to the head of the farm household's residence other than the certificate, the auction cannot be transferred and the auction cannot be permitted.

Article 19 of the Farmland Reform Act, Article 33(2) of the Auction Act, Article 635(2) and Article 633 subparag. 1 of the Civil Procedure Act

Appellant 1 et al.

Suwon District Court Decision 79Ra10 delivered on December 12, 1979

The part concerning the Re-Appellant 2 among the original decision shall be reversed and remanded to Suwon District Court Panel Division.

The re-appellant 1's reappeal is dismissed.

In Article 19 (2) of the Farmland Reform Act, the so-called "sale certification of the location government office" means the certification of the government office where the farmland subject to sale is located, and it does not refer to the certification of the government office at the address of the purchaser.

However, according to the records of this case, in granting the permission of auction for the farmland of 658 square meters, Kimpo-gun, the government office in both sides, the location of the farmland, should be attached. However, although there is only a document of sale and purchase of farmland in the name of Spo-gun, Kimpo-gun, where Kimpo-gun, the owner of the land at which it was successful, the auction court should not permit the auction under Article 3(2) of the Auction Act, Article 635(2) and Article 633 subparag. 1 of the Civil Procedure Act, since the farmland at issue cannot be transferred, and the court below should not permit the auction under Article 635(2) of the Auction Act, Article 6333 subparag. 2 of the Civil Procedure Act, and the court below should have corrected the decision of the permission of auction, and there is a ground for appeal.

However, the Re-Appellant 1's certificate of farmland trade for the same Gun (resident 2 omitted), 2046 square meters and ( Address 3 omitted) 536 square meters and 536 square meters and 446 square meters, which is owned by the Re-Appellant 1, is accompanied by a certificate of the name of the co-head of the inspection team, which is the farmland location, so it is groundless.

Therefore, the part concerning the Re-Appellant 2 among the original decision shall be reversed and remanded to Suwon District Court Panel Division, which is the original decision, and the re-appeal 1 of the Re-Appellant 1 shall be dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating judges

Justices Yang Byung-ho (Presiding Justice)