Where farmland is transferred for security, and the transferee's own awareness or his own intent and the proof required of the location agency;

In the case of the registration of transfer of ownership on farmland for the purpose of securing bonds, since the farmland is legally transferred, the transferee must have the intention of self-defense or self-Decree, and there should be proof of the location government office under Article 19(2) of the Farmland Reform Act.

Article 19(2) of the Farmland Reform Act

Supreme Court Decision 77Da867 Delivered on October 11, 1977

[Judgment of the court below]

Defendant

Seoul High Court Decision 80Na416 delivered on July 11, 1980

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

Even in cases where a registration of ownership transfer is made in the name of a creditor for the purpose of securing obligation, it shall be legally deemed to be a transfer of farmland. Therefore, there should be proof under Article 19(2) of the Farmland Reform Act, and a person intending to acquire farmland must have a self-defensor intent, and even if there is no self-defensor intent or self-defensor intent, it shall not be deemed to meet the requirements under Article 19(2) even if there is proof of the location government office (see Supreme Court Decision 77Da867 delivered on October 11, 197). The judgment of the court below is justified in its reasoning, under the premise that the plaintiff agreed to make a registration of ownership transfer for the farmland in order to secure the defendant's obligation to the plaintiff, on the premise that there is an agreement between the original and the defendant to make a registration of ownership transfer for the farmland in the name of the plaintiff, and there is no proof that the government office at the location still failed to obtain the certificate, and there is no error in the legal principles as seen in the above.

Therefore, this appeal is without merit, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ahn Byung-soo (Presiding Justice)