[1] The ownership ownership ownership of distributed farmland, the payment of which and the registration of which have not been completed within the grace period under Article 3 of the Addenda to the Farmland Act ( December 22, 1994)

[2] Whether a distributor who completed the repayment of farmland has lost ownership in a case where the registration was not completed within three years from the enforcement date of the Farmland Act (negative)

[1] According to the provisions of Article 3 of the Addenda of the former Farmland Act (amended by Act No. 4817 of Dec. 22, 1994 and enforced January 1, 1996), there is no provision on the repayment of farmland due to the lapse of three years from the date of entry into force of the Farmland Act. In addition, even if farmland is repaid thereafter, the provisions on the payment of farmland shall not apply to the former Farmland Reform Act (repealed by Act No. 4817 of Dec. 22, 1994) and Article 2 subparagraph 2 of the Addenda of the former Farmland Act (repealed by Act No. 4817 of Dec. 22, 1994), so it is impossible to acquire ownership under the provisions of the Act on Special Measures for Adjustment of Farmland Reform Projects (repealed by Act No. 4817 of Dec. 22, 1994). Therefore, with respect to farmland the payment of which and the registration have not been completed within three years from the date of entry into force of the Farmland Act, it shall be interpreted that ownership is not returned to the original owner.

[2] It shall be interpreted that a person who has completed the repayment of farmland price shall acquire ownership of the farmland fully distributed without registration under the former Farmland Reform Act (repealed by Act No. 4817 of Dec. 22, 1994; Act No. 2 subparagraph 1 of the Addenda to the Farmland Act; Act No. 4817 of Dec. 22, 1994); and Article 3 of the Addenda to the former Farmland Act (amended by Act No. 4817 of Dec. 1, 1996; Act No. 4817 of Jan. 1, 1996) shall not be deemed to be "payment, registration, etc. of farmland price" but shall be deemed to be "payment, repayment, registration, etc. of farmland price" and shall be deemed to be "payment, repayment, etc. of farmland price" if the payment of farmland price is not completed and the person who acquired full ownership without registration under the former Farmland Reform Act was not completed within three years from the date of entry

[1] Article 3 of the Addenda to the Farmland Act (repealed by Act No. 4817 of Dec. 22, 1994), Articles 5 and 11 of the former Farmland Reform Act (repealed by Act No. 2 subparagraph 1 of the Addenda to the Farmland Act, Act No. 4817 of Dec. 22, 1994), Article 2 of the former Addenda to the Farmland Act (repealed by Act No. 2 subparagraph 2 of the Addenda to the Farmland Act, Act No. 4817 of Dec. 22, 1994) / [2] Article 3 of the Addenda to the Farmland Act (amended by Act No. 4817 of Dec. 22, 1994), Articles 5 and 11 of the former Farmland Reform Act, Article 2 subparagraph 27 of the Addenda to the Farmland Reform Act (repealed by Act No. 4817 of Dec. 22, 194), Article 27 of the former Farmland Reform Act (repealed by Act No. 48127 of the Farmland Act)

[1] Supreme Court Decision 2000Da45778 decided May 28, 2002 (Gong2002Ha, 1500) / [2] Supreme Court Decision 78Da2209 decided March 13, 1979 (Gong1979, 11891)

Plaintiff

Defendant (Attorney Kang Jae-chul, Counsel for defendant-appellant)

Jeonju District Court Decision 2006Na8187 Decided June 1, 2007

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

The grounds of appeal are examined.

Article 2 of the Addenda of the former Farmland Act (amended by Act No. 4817 of Dec. 22, 1994 and enforced January 1, 1996) shall be repealed, and Article 3 of the Addenda of the former Farmland Act (amended by Act No. 4817 of Dec. 22, 1994) shall provide that “The payment of farmland price and its registration shall be completed within three years from the enforcement date of this Act with respect to distributed farmland, the payment of which has not been completed under the previous Farmland Reform Act and the Special Act.” This provision provides that “The payment of farmland price and its registration shall be completed within 3 years from the enforcement date of this Act.” Since the farmland price cannot be fully acquired under the provisions of the former Farmland Reform Act and the Special Act, even if the farmland price are repaid, it shall not be deemed that the ownership of farmland is repaid within 207 years from the enforcement date of the Farmland Act, and thus, it shall not be deemed that the previous farmland price and its registration has been repaid within 207 years from the enforcement date of the Farmland Act.

Upon examining the reasoning of the judgment below, the court below acknowledged that the plaintiff completed the repayment of the part of the land of this case at the time of the enforcement of the former Farmland Reform Act, and accepted the plaintiff's claim for the execution of the procedure for registration of transfer of ownership as to the part of the land of this case. The judgment of the court below is just in light of the above legal principles, and there is no error of law such as misunderstanding of legal principles as to the probative value of the farmland and disposal documents, the presumption of registration, and the confirmation of the distribution farmland

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.

Justices Kim Young-ran (Presiding Justice)