Before the enforcement of the Farmland Reform Act, he/she has entrusted his/her own farmland to another person and has been registered as owned by him/her, and has continued cultivation

If the ownership of farmland is entrusted to another person before this Act enters into force, and the trust has completed the registration of ownership transfer under his name, and if the farmland has been cultivated and reached the time of enforcement of this Act, the farmland will be purchased from the Government.

Article 5 of the Farmland Reform Act

Legal smoke;

Park Ho-no et al.

Seoul High Court Decision 58 civilian-public8 delivered on July 23, 1958

If the ownership of farmland is entrusted to another person before the enforcement of the Farmland Reform Act, and the truster continues to cultivate the farmland in his name and reach the time of enforcement of the Act, the truster shall not set up against the Government the ownership of the farmland in his name. Therefore, the farmland in his name shall not be deemed to be purchased from the Government at the same time as it falls under the so-called farmland of a person other than a farmer under Article 5 (2) (a) of the Act, and it shall not be deemed that it falls under the ownership of the farmland in his name as the truster's own land.

Justices Jeon Soo-tae (Presiding Justice) Man-sik (Presiding Justice)