Transfer of farmland ownership by the certification and protocol of protocol for the agency where farmland is located;

Even in cases where the transfer of ownership is registered by a protocol with executory power, if it is necessary to obtain the certification of the location agency by the itself as stated in the provisions of the compromise protocol, the transfer of ownership to the farmland shall not take effect without such certification.

Article 19(2) of the Farmland Reform Act

Kim Dong-dong

Kim Jong-ro

Seoul High Court Decision 62Na128 delivered on July 31, 1962

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal by the plaintiff's agent are as shown in the attached Table.

However, in the case where the ownership transfer registration under the executory protocol is required for all cases where the ownership of farmland is changed by the intention of the party concerned, and even in the case where there is a transfer registration under the executory protocol, if it is required to obtain the certification of the office where the farmland is located after the completion of the settlement protocol, the transfer of ownership to the farmland may not take effect without the proof of the agency where the farmland is located, and according to the settlement clause of the evidence No. 3, there is no evidence that there is no proof of the office where the ownership of the farmland in this case may take effect after the completion of the settlement protocol, the original judgment that the plaintiff failed to acquire the ownership of the farmland in this case is just and there is no illegality in the theory of lawsuit in the original judgment.In this case, there is no reason to argue.

Therefore, by applying Article 400 of the Civil Procedure Act prior to the amendment, it is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court (Presiding Judge) Lee Jin-chul (Presiding Judge)