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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The scope of the judgment of this court is equivalent to the claim amount of the plaintiff, and the claim is the compensatory damages due to the impossibility of performing the obligation to transfer ownership due to the completion of repayment as to the "each land of this case" as stated in the judgment of the court of first instance, and the plaintiff and the defendant filed an appeal against the judgment of the court of first instance which dismissed the main claim and accepted part of the conjunctive claim, and the plaintiff withdrawn the appeal. Thus, the scope of the judgment of this court is limited to the part cited in the judgment of the court of first instance among the conjunctive claims.
2. The reasoning of the first instance court's explanation concerning this case is that of the first instance judgment except for the part of "2. The main claim (the compensatory damages due to the impossibility of the performance of the obligation to transfer ownership)", and each "Seoul High Court" of the fifth 15 to 16 is "Seoul District Criminal Court", and the judgment of the defendant's argument is added in the next instance court, and therefore, it is identical to that of the first instance judgment. Thus, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Judgment on the defendant's argument at the trial court
A. If a person who received a distribution of farmland as to whether the Plaintiff’s right of distribution is inherited dies, a person who can inherit the right of distribution of farmland shall be limited to a person who is the principal business of a household or a family member living together of the inheritee, and is a member of the house in which he/she lives. The heir of property under the Civil Act asserts that even though the heir of property under the Civil Act is not a farmer, the Plaintiff may not inherit the right of distribution of farmland.
Article 2 (1) of the former Farmland Reform Act (amended by Act No. 4817 of Dec. 22, 1994) provides that "farmland shall be used for actual cultivation regardless of rice paddy, field, orchard, miscellaneous species, and other legal land categories.