[1] In a case where a title trust is terminated after a person becomes a foreigner after he/she became a national of the Republic of Korea, whether permission for land acquisition should be obtained in order to complete the registration of ownership transfer (affirmative)

[2] In a case where a title trust is terminated after a person becomes a foreigner after having become a national of the Republic of Korea, whether the ownership can be acquired upon obtaining permission for continuous possession under the Foreigner’s Land Acquisition and Management Act (negative)

[1] In order for a foreigner to register his/her actual ownership in his/her own name after having entrusted his/her title of land to a Korean national or any other person, he/she shall obtain permission for land acquisition under Article 6(1) of the Foreigner’s Land Acquisition and Management Act. Furthermore, even if he/she owned the relevant land as a national of the Republic of Korea at the time of title trust, if a truster who became a foreigner files a claim for the registration of ownership transfer after cancelling the title trust,

[2] According to Article 15(1) and (6) of the Foreigner’s Land Acquisition and Management Act, Article 6 and Article 18 of the Enforcement Decree of the same Act, if a national of the Republic of Korea who holds land ownership becomes a foreigner, he/she may apply for permission of continuous possession within three months from the date of change of nationality. In such cases, the requirements for permission of continuous possession are more relaxed than the requirements for permission of land acquisition under Article 6(1) of the Foreigner’s Land Acquisition and Management Act, but the foreigner who can apply for permission of continuous possession is limited to a person who has full ownership inside and outside the country at the time of being a national of the Republic of Korea.

[1] Article 6 (1) of the Foreigner’s Land Acquisition and Management Act, Article 103 of the Civil Act / [2] Article 15 (1) of the Foreigner’s Land Acquisition and Management Act, Article 103 of the Civil Act

[1] [2] Supreme Court Decision 77Da1162 delivered on November 8, 197 (Gong1978, 10489) Supreme Court Decision 91Da18262 delivered on June 23, 1992 (Gong1992, 225) Supreme Court Decision 91Da32770 delivered on December 22, 1992 (Gong193Sang, 543)

[Defendant-Appellee] Plaintiff (Attorney Gyeong-chul, Counsel for defendant-appellee)

Defendant 1 and three others (Attorney Lee In-bok, Counsel for the defendant-appellant)

Seoul High Court Decision 96Na35653 delivered on May 21, 1997

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

In a title trust relationship, although the rights are reserved within the country to the truster, the rights are transferred externally to the trustee, so even if the truster terminates the trust, it is merely restoring his rights within the country or it is an acquisition of a new right externally (see Supreme Court Decision 77Da1162, Nov. 8, 197; Supreme Court Decision 91Da32770, Dec. 22, 1992). Thus, in order for a foreigner to register in his own name by cancelling the title of his own land after the trust to a national or any other person, he shall obtain permission for land acquisition under Article 6 (1) of the Foreigner’s Land Acquisition and Management Act. Furthermore, even if he owned the relevant land at the time of the above title trust, he/she thereafter requested the registration of ownership transfer by the truster after cancelling the said title trust, he/she shall obtain permission for land acquisition.

According to Article 15(1) and (6) of the Foreigner’s Land Acquisition and Management Act, Articles 6 and 18 of the Enforcement Decree of the same Act, if a national of the Republic of Korea who holds land ownership becomes a foreigner, he/she may apply for permission of continuous possession within three months from the date of change of nationality. In such cases, the requirements for permission of continuous possession are more relaxed than those for permission of land acquisition under Article 6(1) of the Foreigner’s Land Acquisition and Management Act. However, the requirements for permission of continuous possession are more relaxed than those for permission of land acquisition under Article 6(1) of the Foreigner’s Land Acquisition and Management Act. However, since a foreigner who can apply for permission of continuous possession are limited to a person who has full ownership inside and outside the country at the time when he/she was a national of the Republic of Korea, only a title truster is recognized to acquire new land ownership in external relations, and if he/she intends to cancel title trust and transfer the registration of ownership, he/she is bound

The court below acknowledged that the plaintiff inherited 2/7 shares of the land of this case on February 24, 1969, but on March 12, 1985, entrusted the title of the above shares to the deceased non-party, who is the deceased non-party, who is the deceased's decedent, on March 12, 1985. The plaintiff acquired the citizen's rights of the United States voluntarily on June 20, 1990. The plaintiff delivered a copy of the complaint of this case to the defendants on February 4, 1995. The plaintiff did not obtain the permission for land acquisition under the Foreigner's Land Acquisition and Management Act with respect to the above shares among the land of this case. The court below held that the plaintiff lost the foreigner's nationality of the Republic of Korea as of June 20, 1990 under Article 12 subparagraph 4 of the Nationality Act and did not obtain the permission for land acquisition under the foreigner's nationality of the Republic of Korea, and that the registration for ownership transfer cannot be filed under the above 2/7 shares.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Don-hee (Presiding Justice)