In case where the sale decision and payment of farmland under the Farmland Act are made and the subsequent registration of ownership transfer is completed in the public sale procedure, whether the purchaser acquires farmland ownership even if the purchaser fails to obtain the qualification certificate for acquisition of farmland (negative); and in such case, whether the purchaser can execute the qualification certificate for acquisition of farmland (affirmative)

The qualification certificate for acquisition of farmland is to certify that a person who acquires farmland has the qualification for acquisition of farmland. A person who intends to acquire farmland shall obtain the qualification certificate for acquisition of farmland from the head of Si/Gun/Gu having jurisdiction over the location of farmland, the head of Eup/Myeon/Dong, and when a person who has obtained the qualification certificate for acquisition of farmland applies for the registration of ownership (Article 8(1) and (4) of the Farmland Act). Therefore, even if a person who intends to acquire farmland completes the registration of ownership transfer of farmland, insofar as the person did not obtain the qualification certificate for acquisition of farmland, it shall not obtain the ownership, and the same applies to the sale by public sale procedure, even if the public sale real estate is farmland as prescribed by the Farmland Act, even if the acquisition certificate for acquisition of farmland was not issued, and even if the buyer completed the registration of ownership transfer in the future, the acquisition certificate for acquisition of farmland can only be completed after the decision of sale and payment of the price.

Article 8(1) and (4) of the Farmland Act

Supreme Court Decision 2006Da27451 Decided February 1, 2008

Plaintiff

Defendant

Seoul Eastern District Court Decision 2009Na10630 decided July 23, 2010

The judgment of the court below is reversed, and the case is remanded to the Seoul Eastern District Court Panel Division.

The grounds of appeal are examined.

The qualification certificate for acquisition of farmland is to certify that a person who acquires farmland has the qualification for acquisition of farmland. A person who intends to acquire farmland shall obtain the qualification certificate for acquisition of farmland from the head of Si/Gun/Gu having jurisdiction over the location of farmland, the head of Eup/Myeon/Dong, and when a person who has obtained the qualification certificate for acquisition of farmland applies for the registration of ownership (Article 8(1) and (4) of the Farmland Act). Therefore, even if a person who intends to acquire farmland completes the registration of ownership transfer of farmland, insofar as the person did not obtain the qualification certificate for acquisition of farmland, it shall not obtain the ownership, and the same applies to the sale by public sale procedure, even if the public sale real estate is farmland as prescribed by the Farmland Act, even if the acquisition certificate for acquisition of farmland was not issued, and even if the buyer completed the registration of ownership transfer in the future, the acquisition certificate for acquisition of farmland can be completed (see Supreme Court Decision 2006Da27451, Feb. 1, 2008).

However, the court below presumed that the plaintiff acquired the ownership of the land of this case even if he did not obtain the qualification certificate for acquisition of farmland since the plaintiff received the decision of sale of the land of this case in the public sale procedure and paid the price, and accepted the plaintiff's claim for return of unjust enrichment equivalent to the transfer of the land of this case and the rent. Thus, the court below erred in the misapprehension of legal principles as to the qualification certificate for acquisition of farmland of Article 8

Therefore, without examining the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Min Il-young (Presiding Justice)