Whether Article 12 of the Act on Special Measures for the Adjustment of Farmland Reform Projects applies to the claim for cancellation of ownership transfer registration due to invalidity of cause.

If a registration of ownership transfer has been made in the name of the State because it was dealt with as farmland purchased by the State due to clerical error even though it is not farmland purchased by the State under the Farmland Reform Act, such registration is null and void, regardless of the provisions of Article 12 of the Act on Special Measures for the Adjustment of Farmland Reform Projects.

Article 12 of the Act on Special Measures for the Adjustment of Farmland Reform Projects

Supreme Court Decision 71Da1375 Delivered on December 28, 1971

[Judgment of the court below]

The Minister of Justice shall appoint a representative of the law of the Republic of Korea, a litigation performer, a associate, or a gambling officer.

Seoul Civil District Court Decision 79Na813 delivered on April 2, 1980

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal by the defendant litigant are examined.

The records are compared and reviewed by comparing the evidence stated in the judgment of the court below. Since the land in this case is not farmland purchased from the State under the Farmland Reform Act, but farmland for which the plaintiff had been lawfully cultivated, it can be found that the land in this case was erroneously disposed of as farmland purchased from the State by the government pursuant to Article 5 of the Farmland Reform Act and the registration of ownership transfer under the name of the defendant has been made pursuant to Article 2 (1) of the Act on Special Measures for the Adjustment of Farmland Reform Projects, the court below's decision to the same purport is legitimate, and the decision to the purport is justified, and there is no violation of the rules of evidence in the judgment of the court below, and since the above defendant's disposition was made without any reason, the registration is null and void, and therefore the plaintiff can seek the cancellation thereof regardless of Article 12 of the Act on Special Measures for the Adjustment of Farmland Reform Projects or the legal principles of the Farmland Reform Act. Therefore, all arguments are without merit.

Justices Kim Yong-chul (Presiding Justice)