The scope of a farmer who cultivates the farmland at present as provided in Article 11 of the Farmland Reform Act;

A farmer who cultivates the farmland at present as provided for in this section refers to a farmer who has a legitimate principal right, such as a right of lease which can cultivate the farmland, and a purchaser of farmland from a person who is not the owner shall not have the right to cultivate the farmland even though he has cultivated it in good faith.

Article 11 of the Farmland Reform Act

Kim Jong-sung et al.

Kim Hong-do et al.

Cheongju area in the first instance, Seoul High Court Decision 57 civil service8 delivered on March 18, 1958

A farmer who cultivates the farmland at present as stipulated in Article 11 of the Farmland Reform Act refers to a farmer who has a legitimate principal right, such as a right of lease to cultivate the farmland. Therefore, it cannot be readily concluded that the plaintiff, etc., who is not entitled to cultivate the land will have distributed the land at present. It is obvious that the court below rejected the plaintiff, etc.'s assertion on the ground that the plaintiff, etc. did not cultivate the land at present.

Justices Kim Du-so (Presiding Justice)