Main Issues
The in personam effect of the farmland sales contract without proof of the location agency
Summary of Judgment
Where there is no proof of the location office in the farmland sale, the effect of the change of ownership by the sale, that is, the transfer of ownership, but the sale contract as a bond contract between the parties to the farmland sale and the parties to the transaction can be effective.
[Reference Provisions]
Article 19 of the Farmland Reform Act
Plaintiff-Appellant
000.00
Defendant-Appellee
Ministry of Home Affairs
Judgment of the lower court
Red support in the first instance court, Daejeon District Court Decision 63Na373 delivered on January 30, 1964
Text
We reverse the original judgment.
The case shall be remanded to the Daejeon District Court Panel Division.
Reasons
The court below rejected the plaintiff's main claim on the ground that the plaintiff's claim for the main claim was unnecessary to judge the remaining facts on the ground that the above sales contract was not effective since it did not obtain the certification of the location government office. However, it is nothing more than the purport of holding that where the party to the purchase and sale of farmland for which the law was applied and there is no proof of the location government office, the effect of the transfer of ownership can not occur unless it is proved by the party to the purchase and sale of farmland for which the party to the purchase and sale of farmland for which the party to the purchase and sale of the farmland for which the party to the purchase and sale of the farmland for which the party to the purchase and sale of the farmland for which the party to the purchase and sale of the farmland for which the party to the purchase and sale of the farmland for which the purchase and the party to the purchase and the party to the transaction did not have an effect of the purchase and sale of the farmland for which the party to the purchase and sale of the farmland for which the party to the purchase and the party to the purchase and sale had no legal effect.
Therefore, the judgment of the court below is reversed and it is so decided as per Disposition by the assent of all participating Justices on the bench.
The judge of the Supreme Court (Presiding Judge) of Hansung-do (Presiding Judge) and Kim Dong-dong and Kimchi-bak, so-called Hong-kak, the maximum lusium lusium lusium lusium lusium lab