Main Issues
In the case of farmland auction, the certification under Article 19 of the Farmland Reform Act is inevitable even after the decision of approval of the auction.
Summary of Judgment
In the case of farmland auction, the certification of the agency where the farmland is located is not necessarily required at the time of the decision of the successful bid, but it is inevitable to complete this later.
[Reference Provisions]
Article 19(2) of the Farmland Reform Act
Re-appellant
Re-appellant
Judgment of the lower court
Daejeon District Court Decision 70Ra86 delivered on December 24, 1970, Daejeon District Court Decision 70Ra86 delivered on December 24, 1970
Text
The reappeal is dismissed.
Reasons
The grounds for reappeal are examined: (a) in the case of farmland auction (the supplementary grounds for reappeal shall not be determined after the expiration of the period for submission of the written grounds for reappeal) the certification under Article 19(2) of the Farmland Reform Act is not necessarily required at the time of the decision of approval of a successful bid; and (b) the later completion of the certification is inevitable. Therefore, with the certificate of November 18, 1970 and the certificate of confirmation issued on December 9, 1970, the certification required under Article 19(2) of the Farmland Reform Act was satisfied. Therefore, there is no error of law in the decision of approval of a successful bid, and the arguments are groundless.
Therefore, the reappeal is dismissed without merit. It is so decided as per Disposition by all participating judges.
Justices of the Supreme Court (Presiding Judge) Dog-Jak Kim Kim-nam Kim Young-gu