The right to claim the cancellation of registration of invalidity of cause of farmland owners at the time of the Farmland Reform Act to receive land price compensation.

A. Since the acquisition and alteration of a real right under the former Civil Code takes effect only by the parties' intention, if an owner who has a title on the registry expresses his/her intention to sell the real estate to another person, the ownership of the real estate is transferred to another person by such intention alone, and the seller loses the real ownership on the real estate, but if the title of the registration is transferred to a third party without any cause for registration by a third party, the seller of the real estate, even though there is no ownership on the real estate, has the right to claim the cancellation of the registration in the position to restore the title of the ownership and make the registration of the transfer to the purchaser.

(b) The owner of farmland at the time of the Farmland Reform Act to receive land price compensation shall have the right to claim the cancellation of registration of nullity of cause for the farmland.

Plaintiff

Defendant 1 and one other

Gwangju District Court Decision 63Na566 delivered on April 8, 1964

We reverse the original judgment.

The case shall be remanded to the Panel Division of the Gwangju District Court.

The plaintiff's appeal by the plaintiff's legal representative purport that the acquisition or loss of real rights during the enforcement of the Gu Resident Law, which is an unlawful violation of the rules of evidence inconsistent with the original judgment, takes effect only by the party's expression of intent. Thus, if the owner of the ownership on the register expresses his/her intention to sell the real estate to another person, the real estate owner shall lose the real ownership on the real estate (Article 176 of the Gu Resident Law). However, if the title of the registration is transferred to a third party without the reason for registration by the third party, the real estate seller shall restore the title of the ownership, even if the ownership is not actually exercised on the real estate, so long as the title of the ownership is restored to the purchaser's transfer registration, the right to claim cancellation of the registration shall be cancelled, and the above legal principle is just, and it is not erroneous in the misapprehension of the plaintiff's right to claim cancellation of the registration under the non-party's legal interest as the owner of the farmland to receive compensation from the Government. Thus, the court below erred in the misapprehension of the plaintiff's right to claim for cancellation of the registration under the non-party 1's title.

Therefore, it is so decided as per Disposition by the assent of all participating Justices.

Justices Han Sung-dong (Presiding Judge) of the Supreme Court