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(영문) 대법원 1959. 7. 9. 선고 4291민상334 판결
[토지인도][집7민,151]
Main Issues

(a) Application for recognition of the above-mentioned farmland after the expiration of the period prescribed in Article 12 of the Enforcement Rule of the Farmland Reform Act;

(b) Ownership and right to cultivate the soil;

Summary of Judgment

(a) The acquisition of a general farmland exceeding 3 information is an absolute invalidation and cannot acquire its ownership;

(b) The owner of the soil above shall be divided if he/she fails to perform his/her duty by violating the conditions of protection against the soil above;

A contract for the protection of seedlings may be cancelled and a request for the delivery of the burial site may be made.

[Reference Provisions]

Article 12 of the Enforcement Rule of the Farmland Reform Act

Plaintiff-Appellant

B. Round

Defendant-Appellee

Kim Jung-hee

Judgment of the lower court

Daegu District Court Decision 57 civilian 579 delivered on March 12, 1958

Reasons

According to Article 6 (1) 7 of the Farmland Reform Act ex officio, the owner of the farmland above shall submit to the head of the Si/Gun in the jurisdiction of the State, within 20 days from April 28, 1950, the date of promulgation of the above Rules with respect to the farmland above the tombstone for the purpose of protecting the graves prescribed in the above Article 6 (1) 7 of the same Act, and shall not give effect to the Act on the Improvement of Farmland within the period of time from April 28, 1950, on the ground that the owner of the farmland above the above tombstone for the purpose of failing to perform his/her duty to remove the grave, but the head of the Gun shall not exercise his/her duty to remove the above tombstone for the reason that he/she failed to perform his/her duty to release the grave, and shall not exercise his/her duty to release the grave under the above Article 6 (1) of the same Act for the reason that he/she did not have any legal relation between the landowner and the land above for the reason that he/she failed to perform his/her duty to do so.

Justices Lee Dong-tae (Presiding Justice)

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