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(영문) 대법원 1959. 12. 10. 선고 4292민상603 판결
[대지인도][집7민,333]
Main Issues

Distribution of farmland to be State-owned under Acts and subordinate statutes at the time of enforcement of the Farmland Reform Act.

Summary of Judgment

At the time of the enforcement of this Article, farmland already owned will be distributed to self-employed farmers unless it is actually used for official or public purposes.

[Reference Provisions]

Article 5 of the Farmland Reform Act, Article 11 of the Farmland Reform Act, Article 10 and Article 20 of the State Property Treatment Act

Plaintiff-Appellee

Account Form

Defendant-Appellant

Sponsorgic acid

Judgment of the lower court

Seoul High Court Decision 58 Civil Gong1289 delivered on July 8, 1959, Seoul High Court Decision 2005Da1289 delivered on July 8, 2059

Reasons

According to Article 11 of the Farmland Reform Act, if farmland which has already been owned by the government at the time of entry into force of the same Act is not actually owned by the public or public use, it shall be owned by the owner of the farmland under the same Act, and if the sale of farmland to the owner of the farmland under the Farmland Reform Act is not applicable to the sale of the farmland to the owner of the farmland. According to this reasoning, it is reasonable to see that the court below, based on evidence, has the purport and spirit of both Acts and subordinate statutes, that the ownership of the land in question is originally owned by the owner of the non-party 15 railway corporation after the date of entry into force of 8.15 years after the date of entry into force of 8.15 years, and it is clear that the defendant was a farmland, which is currently owned by the government, and it is still distributed to the defendant as the owner of the land under the Farmland Reform Act, and the Minister of Construction and Transportation, the Minister of Construction and Transportation, who is the Minister of Construction and Transportation, has no right to dispose of the land in accordance with the farmland Reform Act.

Justices Kim Du-il (Presiding Justice) Mabun (Presiding Justice)

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