(a) Effective requirements of a sales contract under the condition of suspending the repayment of unredeemed farmland;

(b) The right to claim the transfer registration of ownership of a person who has cultivated at the time of the completion of repayment after purchasing the purpose of legislation of special measures for transfer registration of ownership of distributed farmland and outstanding farmland;

A. The purport of the Act on Special Measures for the Registration of Transfer of Distribution Farmland Ownership is to prescribe that, in cases where a farmer who received a distribution of farmland transfers the farmland to another person after the completion of the reimbursement of the farmland and before the Government receives the registration of transfer of ownership, the de facto owner who acquired the farmland can obtain the registration of transfer from the Government directly (i.e., distribution farmland is registered under the name of the representative of the farmer allocated, so the distribution farmland is registered under the name of the representative of the farmer so that the ownership should be registered under the name of the representative of the farmer allocated, and unless there is no special measure as above, the intermediate omission registration

B. The sales contract which is a condition precedent for the completion of the repayment of the unredeemed farmland is valid in a case where the buyer of the unredeemed farmland does not transfer the land in reality, but acquires ownership as a condition precedent for the buyer's completion of the repayment of the unredeemed farmland, and the sales contract is invalid in a case where the buyer cultivates the unredeemed grain under the real delivery of the land and pays it by substitute.

C. The purport of this Act is to interpret that, after a farmer to whom farmland is distributed has been repaid, the actual owner who acquired the farmland can obtain ownership transfer registration from the government when he/she transfers the farmland to another person from the government to the registration of ownership transfer (Article 15 of the Farmland Reform Act, since distributed farmland is registered as the representative of the farmer to whom the farmland has been distributed, the distributed farmland must obtain ownership transfer registration under the name of the representative of the farmer to whom the allocated farmland has been distributed, and it seems that the intermediate omission registration cannot be made, unlike the general real estate, unless this Act provides otherwise).

Jeon-su

Pool

Seoul High Court Decision 62Na1191 delivered on September 3, 1963, 200

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

Defendant 1’s ground of appeal No. 1 and Defendant 1’s additional ground of appeal are examined.

The issue is that the sales contract, which is a condition to suspend the completion of the repayment of the unredeemed farmland, is valid, is not limited to the case where the sales contract was executed under the condition to suspend the completion of the repayment, and it is not a valid condition suspension contract even if it was cultivated under the delivery of the land at the same time as the sales contract. However, the sales contract, which is a condition to suspend the completion of the repayment of the unredeemed farmland, is valid in the case where the buyer does not actually deliver the land and the buyer makes the condition to suspend the acquisition of ownership by completing the repayment of the unredeemed farmland at the same time as the buyer pays the unredeemed grain on behalf of the buyer, and the same purport of the judgment of the court below is null and void. Therefore, the argument of the court below to the same purport is not justified and acceptable.

We examine the ground of appeal No. 2 as to the ground of appeal No. 2.

The issue is that the Act on the Special Measures for the Registration of Ownership Transfer for Distributed Farmland (Act No. 613) has been partially amended, and even if the purchase or sale prior to the completion of the repayment was made, it is not a new provision for the registration of ownership transfer directly from the government to the farmer (the purchaser) at the time of the completion of the repayment and the omission of the interim registration. Therefore, even according to the aforesaid Special Measures Act, the defendant acquired ownership, and the court below erred in the interpretation of the same Act.

However, the purport of the Act on Special Measures pointing out the essay points out is to interpret that the actual owner who takes over farmland may take over the farmland from the government to the government after the farmer who received the farmland has completed the repayment to another person before the registration of ownership transfer is entitled to take the registration of ownership transfer (Article 15 of the Farmland Reform Act, since distributed farmland is registered in the name of the representative of a farmer who received the distributed farmland, distribution farmland must take the registration of ownership transfer in the name of the representative of a farmer who received the distributed farmland once it is transferred under the name of the representative of a farmer, and if there is no special measure law as above, it cannot take the registration of intermediate registration omitted because it is a general real estate). Therefore, the reasoning of the judgment below that held

Therefore, the appeal shall be dismissed and the costs of the lawsuit shall be borne by the losing party. It is so decided as per Disposition.

Justices of the Supreme Court (Presiding Judge) of Kimchi-gu (Presiding Judge)