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(영문) 대법원 1959. 9. 10. 선고 4291민상577 판결
[손해배상][집7민,203]
Main Issues

Article 51 of the Enforcement Rule of the Farmland Reform Act where farmland is sold as a security for sale or as a payment in kind and where it is proved

Summary of Judgment

Even in cases where farmland is sold as a security for sale or as a substitute for payment, the security for sale or as a substitute for payment shall not take effect unless proof under paragraph (2) of this

[Reference Provisions]

Article 19(2) of the Farmland Reform Act, Article 51 of the Enforcement Rule of the Farmland Reform Act

Plaintiff-Appellee

[Judgment]

Defendant-Appellant

Defendant 1, et al.

Judgment of the lower court

The judgment of the court of first instance and the judgment of the court of second instance on July 16, 1958 58 civil defense89 delivered on July 16, 1958

Reasons

With respect to farmland distributed pursuant to the Farmland Reform Act, sale and donation of ownership or other disposal of superficies, and creation of special rights, even if the repayment of farmland has been completed, it shall not take effect unless proof under Article 19(2) of the Farmland Reform Act is given, and it shall also be interpreted as identical even if the farmland is sold as a security or a payment in kind. In this case, the court below acknowledged the effect of the agreement that the agreement was not valid for the plaintiff to transfer the farmland to the plaintiff on the condition that the agreement was not valid for the first five years after the expiration of the agreement to transfer the farmland to the plaintiff on the condition that the agreement was not valid for the first six years after the expiration of the agreement to transfer the farmland to the plaintiff on the condition that the agreement was not valid for the first six years after the expiration of the agreement to transfer the farmland to the plaintiff on the condition that the agreement was not valid for the first six years after the expiration of the agreement to transfer the farmland to the plaintiff on the condition that the agreement was not valid for the first six years after the expiration of the agreement.

Justices Go Jae-ho (Presiding Justice) Mah-ho (Presiding Justice)

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