If the Government knowingly distributes farmland with knowledge of the fact that it is the vested property, it cannot be deemed as the concealed state property.

If the Government distributes farmland with the knowledge that the farmland belongs to the State, it cannot be deemed a concealed state property. Even if the farmland distribution is void automatically, the ownership of the land is not naturally reverted to the State, and it cannot be deemed that the State restores the ownership of the concealed state property.

Article 6 of the Addenda to the State Property Act; Article 5 (1) of the Addenda to the Enforcement Decree of the State Property Act

Plaintiff

Korea

Busan District Court Decision 71Na292 delivered on March 21, 1972

The part dismissing the defendant's appeal among the original judgment shall be reversed, and the case concerning this part shall be remanded to the Daegu High Court.

The grounds of appeal by the defendant litigant are examined.

According to the reasoning of the judgment of the court below, the court below was the reason to conclude that the land of this case is concealed state property, and there was part of the farmland which is originally located in Busan-gu ( Address 1 omitted) and 682 square meters, and the above 682 square meters was collected from March 9, 1951 to the Gun and actually used as a site. Among them, the above ( Address 2 omitted) was divided into subdivision rearrangement around December 1958, and the land of this case was divided into subdivision rearrangement around December 1958 and registered as farmland owned by a person other than the State.

However, if the land of this case was originally reverted to the farmer in accordance with the procedure prescribed in the Farmland Reform Act with the knowledge of the fact that it is the property devolving upon the government, it shall not be deemed as the concealed state property. If the distribution of farmland of this case is null and void as a matter of course, the ownership of the land shall be naturally reverted to the state, and it shall not be deemed that the state restores the ownership of the concealed state property. Accordingly, the court below has justified the judgment of the first instance that held that the land of this case is the concealed state property and that the plaintiff has the right to claim compensation at the time of original sale, and the defendant's appeal against this case is dismissed. The appeal on this point is with merit, and the part that dismissed the defendant's appeal among the original judgment of this case shall be reversed and remanded to the Daegu High Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho