The validity of the certification of the agency where the farmland was located pursuant to Article 19(2) of the Farmland Reform Act for the deceased

The certification of a location office for the deceased purchaser is invalid.

Article 19(2) of the Farmland Reform Act

Gender Kim Girs

Maximum stone

Seoul High Court Decision 63Na218 delivered on December 13, 1963

The original judgment shall be reversed, and

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

Defendant 1’s ground of appeal No. 1 is proved by the government office at the seat of farmland under Article 19(2) of the Farmland Reform Act as to whether farmland itself has been distributed or has been repaid, and as to the fact that the purchaser of farmland does not conflict with the restriction under the main sentence of Article 6(1)1 of the same Act, it shall be limited to the specific person who is subject to proof, and the specific person shall be presumed to be alive at the time of the above application to the seat of the seat of the seat of the seat of the farmland. If the person who had already died at the time of the above application, it should be presumed that the farmland certification for the facts after the death should be null and void. The original judgment, on this point, stated that the registration of ownership transfer under the name of the deceased by the Defendant is invalid on the ground that the date of issuance of the farmland certification is the red death, and that the transfer registration of ownership is invalid after the death of the party concerned, and that the procedure for the ordinary transfer of ownership is invalid after the death of the land under the name of the deceased 1957.237.1.

This is in violation of the aforementioned legal principles and the appeal on this point is reasonable. Therefore, without examining the remaining grounds of appeal, the original judgment cannot be exempted from reversal from this point. Therefore, the case is remanded to the original judgment for a new trial. It is so decided as per Disposition by the assent of all participating judges.

Supreme Court Judge Madung (Presiding Judge) Kim Gung-bun and Madlebro