농지공매와 농지취득자격증명에 관한 연구

A Study of Pubic Auction for Acquisition of Farmland and Qualification Certificate for Acquisition of Farmland

This study aims to secure the sound development and reliability of the public auction sale system(for deliquent taxes) and to enhance the safety of the public auction sales of farmland. Public Auction specifies that the sale decision is not denied even with no ownership register due to the absence of the Certificate of Farmland Acquisition. Therefore, a bidder can successfully obtain the decision of sale and settle the balance without a Certificate of Farmland Acquisition submitted by the decision of the sale date. This could entail many problems if the ownership is transferred to a third party while the registration of ownership is not granted because the certificate is not issued. The past case from the Supreme Court rules that if the public sale of a real estate concerns farmland designated by Farmland Law, one cannot claim the ownership unless the Certificate of Farmland Acquisition is issued, and this overrides the sale decision and payment arrangements. This study shows that there is no particular reason to treat farmland separately from other properties, considering the legal nature of the Certificate of Farmland Acquisition, Regulation 187 of the Civil Act, and Article 77 of the National Tax Collection Act. Therefore, in case of the acquisition of farmland by a public sale, the buyer should obtain the ownership at the time of payment.