Main Issues

The meaning of the farmland of a person who does not go self under Article 5 (2) (b) of the Farmland Reform Act;

Summary of Judgment

Farmland owned by a person who is a real owner without a title on the register shall be excluded from purchase.

[Reference Provisions]

Article 5(2)(b) of the Farmland Reform Act

Plaintiff-Appellant

Freeboard Kim

Defendant-Appellee

drheat

Judgment of the lower court

Seoul High Court Decision 58 civilian 1016 decided June 18, 1959

Reasons

The purpose of legislation of the Farmland Reform Act is to promote the self-reliance of farmers and agricultural production by properly distributing farmland to farmers. The legislative principles do not require an abstract opinion, so the term "farmland of a person who does not do so" as provided by Article 5 (2) (b) of the Farmland Reform Act, which is set forth in the state, is the only time when the Farmland Reform Act enters into force, and even if the owner is in fact on the register or in fact on the register as of June 21, 1949, the farmland of a person who does not own the real land, even though there is no real name on the register, shall be excluded from the list of real owners, and it is reasonable to interpret that the ownership on the register only on the register is invalid because it is not clear that the plaintiff's ownership on the register, which is the real owner of the above real estate, was not registered on the real real estate under the name of the non-party 1, and it is not clear that the non-party 2 had no real ownership on the real real estate under the name of the non-party 1, the non-party 3-party 1, who purchased the real estate under his own name.