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(영문) 대법원 1970. 6. 30. 선고 70다588 판결
[소유권이전등기등][집18(2)민,111]
Main Issues

If a person who has continued to cultivate farmland owned by another person before the enforcement of the Farmland Reform Act has paid the amount of redemption under the Farmland Reform Act to the government, it is reasonable to deem that the distribution procedure has been made under the Farmland Reform Act, barring special circumstances such as the payment or receipt of the amount of redemption invalid.

Summary of Judgment

If a person who has continuously cultivated the farmland of another person before this Act enters into force, has paid the amount of redemption under this Act to the Government, it is reasonable to deem that the distribution procedure has been made pursuant to this Act, barring special circumstances, such as the payment or receipt invalid.

[Reference Provisions]

Article 11 of the Farmland Reform Act, Article 13 of the Farmland Reform Act

Plaintiff-Appellant

Plaintiff 1 and one other

Defendant-Appellee

Korea

Judgment of the lower court

Seoul High Court Decision 68Na2461 delivered on March 11, 1970, Seoul High Court Decision 68Na2461 delivered on March 11, 1970

Text

We reverse the original judgment.

The case is remanded to Seoul High Court.

Reasons

The plaintiffs' grounds of appeal are examined.

According to the reasoning of the judgment of the court below, if the non-party 1 and the deceased non-party 1 were to purchase the farmland from the Central Land Administrative Agency of the first instance on the 3,325th day before the enforcement of the Farmland Reform Act, and the 190 square meters prior to the 190 square meters prior to the registration of combined land (2.0 square meters prior to the 2.00 square meters prior to the registration of combined land) were to be indicated by the plaintiff 1 and the 309 square meters prior to the 309 square meters prior to the registration of combined land (hereinafter referred to as the 3.02 square meters prior to the registration of combined land) were to be indicated by the above 17th day prior to the enforcement of the Farmland Reform Act, the court below rejected the plaintiffs' assertion that it was difficult to recognize that the non-party 1 and the deceased non-party 2 were to receive the farmland from the above 17th day prior to the enforcement of the Farmland Reform Act, and that the plaintiffs were to receive the land from the non-party 2's own own land.

On this point, the original judgment shall not be reversed, and the appeal shall be dismissed.

Therefore, by the assent of all participating judges, the original judgment is reversed, and the case is remanded to the Seoul High Court. It is so decided as per Disposition.

Judge Han-dong (Presiding Judge) of the Supreme Court

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