The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. The qualification certificate for acquisition of farmland shall be issued to a person who acquires farmland to certify that he has the qualification for acquiring farmland, and the person who intends to acquire farmland to obtain the qualification certificate for acquisition of farmland from the head of Si/Gun/Gu having jurisdiction over the location of farmland, head of Eup/Myeon/Dong and shall

(Article 8(1) and (4) of the Farmland Act. A person who intends to acquire farmland has completed the registration of ownership transfer concerning farmland.

Even if the qualification certificate for acquisition of farmland was not issued, as long as the ownership was not acquired (see, e.g., Supreme Court Decisions 2006Da27451, Feb. 1, 2008; 2010Da68060, Nov. 29, 2012); and the issuance of the qualification certificate for acquisition of farmland at the auction procedure for farmland shall be permitted for sale.

applicable to cases

(2) If a person seeking to acquire farmland acquired a claim for the registration of transfer of ownership of farmland by entering into a sales contract for farmland on February 23, 1999 (see, e.g., Supreme Court Order 98Ma2604, Feb. 23, 199; Supreme Court Order 2002Ma4061, Feb. 25, 2004).

This right to apply for the qualification certificate for acquisition of farmland can be subject to the exercise of creditor's subrogation right.

The reasons are as follows. A.

The right to request the issuance of the qualification certificate for acquisition of farmland is essential for the exercise of the right to request the registration of ownership transfer.

On the other hand, the qualification certificate for acquisition of farmland is nothing more than the documents to be attached when applying for the registration of ownership transfer of farmland, and since the issuance of the qualification certificate for acquisition of farmland itself has no effect of forming legal relations, such as creating obligations to a person who intends to acquire farmland, it cannot be deemed as a right to request the issuance of the qualification certificate.

B. The right of application for the qualification certificate for acquisition of farmland is the subrogation right.