beta
Main Issues
If the registration of ownership transfer for farmland sale has been made, the certificate of sale under Article 19 of the Farmland Reform Act shall be presumed to have been submitted at the time of the transfer.
Summary of Judgment
If the registration of ownership transfer with respect to the sale of farmland has been made, the certificate of sale under this Article shall be presumed to have been submitted at the time of the transfer.
[Reference Provisions]
Article 19(2) of the Farmland Reform Act
Plaintiff-Appellant
Plaintiff
Defendant-Appellee
Defendant 1 and nine others
Judgment of the lower court
Gwangju District Court Decision 68Na163 delivered on February 26, 1969
Text
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
Reasons
We examine the grounds of appeal by the Plaintiff’s attorney.
The proof of the government office with respect to the farmland transaction under Article 19 (2) of the Farmland Reform Act is only the requirement for the acquisition of the farmland ownership, and it does not meet the requirement for the validity of the farmland transaction itself, so long as the registration of ownership transfer was completed due to the purchase and sale, it shall be presumed that the government office with respect to the purchase and sale had already been submitted at the time of the registration procedure for the transfer. Therefore, the original judgment confirmed that the land in dispute, which was originally owned by the plaintiff, was the purchase and sale of April 27, 1966, and that the ownership transfer registration was made under the name of the deceased non-party to the deceased non-party to the deceased status of the defendants, and it is legitimate to conclude that the farmland was legally jointly inherited by the defendants. The existence of the above certification as to the farmland transaction is an ex officio examination of the fact-finding court, and it is not erroneous in the misapprehension of Article 984 of the Civil Procedure Act. It is so decided as per Disposition by the assent of all participating Justices.
The judge of the Supreme Court (Presiding Judge) shall be knife knife knife knife