Whether a person who acquired farmland from a receiver can file a claim for the registration of ownership transfer against the State on the grounds of repayment completion.

The de facto owner of distributed farmland is entitled to file an application for registration of ownership transfer in the name of the document under Article 3 (1) of the Act on Special Measures for the Registration of Ownership Transfer of Distributed Farmland, and there is no authority to directly file a claim against the State for the implementation of the procedure for ownership transfer registration.

Article 3 (1) of the Act on Special Measures for the Registration of Transfer of Distribution Farmland Ownership, Article 16-2 of the Farmland Reform Act

Plaintiff 1 and one other

Republic of Korea and one other

Seoul High Court Decision 66Na1416 delivered on March 15, 1967, Seoul High Court Decision 66Na1416 delivered on March 15, 1967

The judgment below is reversed, and the case is remanded to Seoul High Court.

The grounds of appeal by Defendant Republic of Korea ○○○○○○○, and the grounds of appeal by Defendant Korea Electric Cable Co., Ltd., are examined.

The judgment of the court below is consistent with the following. In other words, "the defendant, etc. defense that there is no proof of the purchase and sale of farmland by the competent government office in the purchase of the farmland as farmland, but as to the purchase of farmland by the plaintiffs, the procedure for the confirmation of the actual owner under the Act on Special Measures for the Registration of Ownership Transfer is transferred, so it is unnecessary to separately prove the sale and purchase." Such judgment of the court below is delivered a certificate of confirmation that the transferee of farmland is the de facto owner of the farmland pursuant to Article 3 (1) of the Act on Special Measures for the Registration of Ownership Transfer of Distributed Farmland, the present owner is entitled to request the implementation of the procedure for the registration of ownership transfer on the ground of direct repayment against the State. However, since the purport of the Act on Special Measures for the Registration of Ownership Transfer of Distributed Farmland is that the current owner of farmland can not request the registration of ownership transfer to the State in the name of the actual owner of the farmland, which is a new owner of the farmland, to the extent that the ownership transfer can not be issued to the above third party.

The judge of the Supreme Court is Hong Dong-dong (Presiding Judge) and Dong-dong (Presiding Justice)