농지에 대한 공매·경매와 매도인의 담보책임 -대상판결: 대법원 2014.2.13. 선고 2012다45207 판결 -

Abstract

The Supreme Court ruling Sentence 2012 Da 45207 on February 13, 2014 stipulates that if a purchaser, who made payment for a farmland in the public sale process and had yet to obtain the ownership of the land as the certificate of acquisition of farmland was not issued, gained the ownership after being issued the certificate and made payment in full during the civil execution proceedings based on the provisional attachment against claim for the original, the purchaser in the public sale process cannot cancel the public sale under the Article 578 and 576 of the Civil Code. However, since the certificate of acquisition of farmland is no more than a required document for applying the registration of ownership, given the fact that it is only a requirement for registration rather than a factor that may take effect of transfer of a real right; and the practice of public sale does not require submission of the certificate of acquisition of farmland within the date of decision of sale different from the practice of auction, the purchaser in the public sale process may obtain the ownership of the farmland after paying the price for sale depending on the decision of sale. Therefore, the legal principle of the ruling is considered unreasonable that a purchaser who paid the price cannot get the ownership of the farmland because of not being issued the certificate of acquisition of farmland. On the other hand, to hold the seller responsible for warranty liability, the action process should be valid. Since the forcible execution of the plaintiff on the acquired farmland through the public sale process is naturally invalid as it is about the property owned by other people, the plaintiff cannot claim for warranty liability of the defendant under the Article 578 and 576 of the Civil Code. In this regard, the logic behind the ruling is somewhat inappropriate but the conclusion may be deemed legitimate.