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(영문) 서울고등법원 2017.01.23 2015누46934
하천편입토지손실보상금
Text

1. The defendant's appeal and the plaintiffs' incidental appeal are all dismissed.

2. The plaintiffs extended by this court.

Reasons

1. The reasoning for the court's explanation concerning this case is as follows: ① The AV Act in the “current Status of Circumstances” table in the attached Table 2 of the judgment of the court of first instance shall be deemed to have been corrected and recorded as I; ② the part of the judgment of the court of first instance shall be deemed to have been returned to either the former Farmland Reform Act or the plaintiffs, which is “six to Fifteen (seven)” in the attached Table 2 of the judgment of the court of first instance. The portion of the Act shall be amended and stated as follows: ③ the Acts and subordinate statutes in the attached Form 3 are added to the Act and subordinate statutes in the judgment of the court of first instance, and ④ the provision of Paragraph 2 is the same as the entry of the reasons for the judgment of the court of first instance, except

The contents of the change and entry are that the state purchases farmland which is not self-defined under Article 5 subparagraph 2 of the former Farmland Reform Act (repealed by Act No. 4817 of Dec. 22, 1994) on the condition that the farmland will not be distributed after the purchase is made under Article 5 subparagraph 2 of the former Farmland Reform Act (repealed by Act No. 2. 4817 of Dec. 22, 1994), so if the farmland is not distributed thereafter, the ownership of the farmland concerned shall be reverted to the original owner regardless of whether the farmland compensation has been paid to the original owner. In addition, the farmland purchased by the State under the former Farmland Reform Act is referred to as the "Special Act on Measures for the Adjustment of Farmland Reform Project (Abolition by Act No. 22 of the former Farmland Act, hereinafter referred

(ii)A farmland which has not been distributed until its entry into force and is registered as a state-owned farmland under Article 2, paragraph 1 of the Special Assistance Act shall be deemed not to have been distributed within the period of paragraph 3 of Article 2 of the Special Assistance Act (within one year from the date of entry into force of the Special Assistance Act, the remainder of the farmland except the farmland distributed under paragraph 2, paragraph 2, of Article 2 of the Special Assistance Act shall be deemed not to have been distributed, and this provision shall also apply in the case of farmland which has not yet been distributed within the period of paragraph 3, of Article 2, of the Special Assistance Act,

Therefore, the farmland that has not been distributed above is above.

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