Main Issues
Article 51 of the Enforcement Rule of the Farmland Reform Act where farmland is sold as a security for sale or as a payment in kind and where it is proved
Summary of Judgment
Even in cases where farmland is sold as a security for sale or as a substitute for payment, the security for sale or as a substitute for payment shall not take effect unless proof under paragraph (2) of this
[Reference Provisions]
Article 19(2) of the Farmland Reform Act, Article 51 of the Enforcement Rule of the Farmland Reform Act
Plaintiff-Appellee
[Judgment]
Defendant-Appellant
Defendant 1, et al.
Judgment of the lower court
The judgment of the court of first instance and the judgment of the court of second instance on July 16, 1958 58 civil defense89 delivered on July 16, 1958
Reasons
With respect to farmland distributed pursuant to the Farmland Reform Act, sale and donation of ownership or other disposal of superficies, and creation of special rights, even if the repayment of farmland has been completed, it shall not take effect unless proof under Article 19(2) of the Farmland Reform Act is given, and it shall also be interpreted as identical even if the farmland is sold as a security or a payment in kind. In this case, the court below acknowledged the effect of the agreement that the agreement was not valid for the plaintiff to transfer the farmland to the plaintiff on the condition that the agreement was not valid for the first five years after the expiration of the agreement to transfer the farmland to the plaintiff on the condition that the agreement was not valid for the first six years after the expiration of the agreement to transfer the farmland to the plaintiff on the condition that the agreement was not valid for the first six years after the expiration of the agreement to transfer the farmland to the plaintiff on the condition that the agreement was not valid for the first six years after the expiration of the agreement to transfer the farmland to the plaintiff on the condition that the agreement was not valid for the first six years after the expiration of the agreement.
Justices Go Jae-ho (Presiding Justice) Mah-ho (Presiding Justice)