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(영문) 대법원 2015.11.12 2015다36402

명의신탁해지로인한소유권이전등기

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The judgment below

Among them, this part of this case is reversed with respect to the E-source 2,973 square meters in Chungcheongnam-gu, Chungcheongnam-gu.

Reasons

The grounds of appeal are examined.

1. Article 8 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) recognizes special exceptions in cases where title trust between the spouse is not aimed at tax evasion, evasion of compulsory execution, or avoidance of statutory restrictions, and excludes the application of the provisions of the Real Estate Real Name Act concerning title trust agreements and the validity of registration pursuant thereto (Article 4).

Meanwhile, Article 6 (1) of the Farmland Act (amended by Act No. 7604, Jul. 21, 2005; hereinafter the same) provides that "farmland shall not be owned by any person other than a person who uses or uses his own agricultural management." Article 6 (2) of the same Act provides that "in cases falling under any of the following subparagraphs, any farmland which is not used for his own agricultural management may be owned even if it is not used for his own agricultural management, notwithstanding the provisions of paragraph (1)." Article 2-2 provides that "in cases of ownership of farmland to conduct weekend farming (referring to cases where an individual other than a farmer cultivates crops or cultivates perennial plants by using weekend, etc. as a hobby or leisure activity; hereinafter the same shall apply)" and Article 7 (3) provides that "a person who intends to conduct weekend farming experience may own only the farmland less than 1,000 square meters."

In addition, the main sentence of Article 8(1) of the Farmland Act provides that a person who intends to acquire farmland shall obtain a qualification certificate for acquisition of farmland from the head of Si/Gu/Eup/Myeon having jurisdiction over the location of the farmland, and Article 10(2) of the Enforcement Decree of the Farmland Act (amended by Presidential Decree No. 19281, Jan. 20, 2006; hereinafter the same shall apply) shall confirm whether the following requirements are met and issue the qualification certificate for acquisition of farmland to the applicant within four days from the date of receipt of the application.