Main Issues
Article 3 of the Act on Special Measures for the Registration of Forest Ownership Transfer;
Summary of Judgment
Article 3 of the Act on Special Measures for the Registration of Ownership of Forest Land provides that registration of ownership transfer under the same Act shall be made prior to January 1, 1960, and that no objection under Article 7 of the same Act shall be made from among those actually transferred due to a juristic act by June 20, 1969, which was enforced by the Act on Special Measures for the Registration of Ownership of Forest Land.
[Reference Provisions]
Article 3 of the Act on Special Measures for Transfer of Forest Ownership
Re-appellant
Accomitic water source, a foundation, of dynasium
United States of America
Daegu District Court Order 82Ra8 dated March 29, 1982
Text
The reappeal is dismissed.
Reasons
The grounds of reappeal are examined.
The purport of the provision that an objection under the provisions of Article 7 from among the forests and fields as prescribed by Article 3 of the Act on Special Measures for the Registration of Ownership of Forest Land (Act No. 211) may be registered under this Act, notwithstanding the provisions of Article 10 of the Addenda of the Civil Act, shall not apply to the cases where the act of cause is conducted before January 1, 1960, but the acquisition or loss of real rights on real estate due to a juristic act before January 1, 1960 (the date of entry into force of the Civil Act) shall not be limited to those where the registration under the provisions of this Act is made within 6 years from the date of entry into force of the Civil Act. The purport of this provision is that an objection against the establishment registration under the provisions of Article 10 of the Addenda of the Civil Act to the effect that the registration under this Act may become null and void unless it is made within 6 years from the date of entry into force of the Civil Act is determined to be excluded from the application of the provisions of Article 16 of the same Act.
Therefore, the reappeal is dismissed, and it is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Il-young (Presiding Justice)