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(영문) 대법원 1962. 6. 21. 선고 4294민상1563 판결
[농지경작권확인][집10(3)민,082]
Main Issues

The Minister of Agriculture and Forestry takes an administrative disposition to permit the change of the purpose of use of farmland as land reserved for a horse race track not listed in Article 9 of the Enforcement Decree of the Farmland Reform Act.

Summary of Judgment

In light of Article 9 (1) 4 of the Enforcement Decree of this Act, it is reasonable to interpret it as a restrictive list and an exemplary list in light of Article 9 (1) 4 of this Decree. Therefore, it is valid for the Minister of Agriculture and Forestry to impose an administrative disposition on farmland to change the purpose of use of farmland as

[Reference Provisions]

Article 6 (1) 4 of the Farmland Reform Act, Article 9 of the Enforcement Decree of the Farmland Reform Act

Plaintiff-Appellee

Prostitution et al. and 10 others

Defendant-Appellant

Korean Racing Association

Judgment of the lower court

Seoul High Court Decision 60No191 decided Oct. 27, 1961

Reasons

First of all the grounds of appeal, the court below should examine whether there was an error of wrong interpretation of the nature of administrative act that may affect the judgment, and whether the order of the Minister of Agriculture and Forestry to change the purpose of use of farmland as of January 19, 1952 upon the defendant's application in relation to the land in dispute does not constitute a public playground under Article 9 of the Enforcement Decree of the Farmland Reform Act and the same horse race track under Article 9 of the Enforcement Decree of the same Act, and it is reasonable to interpret that the order of the court below excluded the purpose of use of farmland as an administrative disposition under Article 9 of the Enforcement Decree of the Farmland Reform Act, and it is reasonable to interpret that the purpose of use of farmland as an administrative disposition under Article 9 of the same Enforcement Decree of the same Act is to exclude the purpose of use of farmland as an administrative disposition under Article 9 of the same Enforcement Decree of the Farmland Reform Act, because it cannot be interpreted or analogically interpreted as an extension or analogical interpretation of the list of land in school site in school site, urban planning site, and it is reasonable to interpret that it is an administrative disposition under Article 94 of the same purport.

Justices Yang Sung-jong (Presiding Justice) and two-wheeled lubbly Lives of Red Madle, Lives of Lives of Lives

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