農地取得資格證明 없는 農地去來의 有效性 與否
Validity of farmland transaction without a certificate of qualification for the farmland-acquisition.
한삼인, 김상명
초록
The farmland means a land which is used as to grow perennial plants or cultivate the crops actually although legal rice paddy, field or orchard etc. is spotted under the Act. And, it includes land site of its improved system and of system for agricultural production. Also, farmland such as general farmland transaction should be valid the sales contract according to their thought between contract parties but requires to get validity of farmland transaction at the public office for the public interest as a landto‐ the‐tillers principle admitted on the constitutional law and the farmland Act. However, in the case of concluding the sales contract of farmland without getting a certificate of qualification for the farmland-acquisition, only the main precedent and theory for the judicial effect will prove qualifying for the farmland-acquisition to people acquiring farmland, but they are not requirements make the force of juristic act. Also, even if plaintiff doesn't get a certificate of qualification for the farmland-acquisition by the last trial date on a suit of performing registration to transfer of farmland ownership, by taking plaintiff farmland ownership and getting a qualifying certificate of the farmland-acquisition after finishing contract in Civil Proceedings, the plaintiff keeps invalidity of obligation contract regardless of getting a certificate of qualification for the farmland-acquisition. In a view of these precedents and theories, regulation of ownership for farmland relaxes and of using it needs to strengthen, and it needs not demanding a certificate of qualification for the farmland-acquisition for sale of farmland-acquisition but for acquisition itself. So then, the sales contract of farmland should be able to acquire farmland effectively regardless of getting certificate of qualification for the farmland-acquisition. So, the farmland-acquisition should be relaxed as a way of the minimum stable security to balance development of the national territory and to produce food from farmland, and the farmland Act revision needs to strengthen regulation after using it in the direction of not being damaged a land‐to‐the‐tillers principle. Therefore, demanding certificate of qualification for the farmland-acquisition on farmland transaction under 1 of Art. 8 of the farmland Act should be abolished.