농지개혁에 따른 분배대상 제외농지 환매의 문제점과 개선방안

초록

The purpose of this paper is to understand and suggest a plan for reform regarding problems related to litigations associated with nationalized agricultural land which were exempt from being subject to allotment during the time of Farmland Reform in 1950. It has been researched that there are 4 controversial issues regarding litigations on agricultural land that was exempt from distribution. These issues include problems of deficiency of legislation regarding the right of repurchase, unreasonable assessment of the repurchase amount, the occurrence of a bona fide subsequent purchaser due to the purchasing of agricultural land with the knowledge of it being national property, and problems regarding the restoration of national farmland that is not registered upon completion of repayment. A plan for reform can be separated into 4 parts. First, an enactment of a special law to acknowledge and approve the right of repurchase to return the farmland to the original proprietor who holds the right of repurchase of nationalized farmland that was exempt from distribution. Second, a appraisal plan to assess the compensation amount from the date of purchase to the date of redemption and adding a 5 percent legal interest upon redemption. Third, under the limitation that a sale was made to a subsequent purchaser, an additional provision to make a cash compensation to the primary proprietor instead of reparation in kind is to be instituted when enacting a special law in relation to repurchasing as a means to protect the subsequent purchaser from any loss or damage. Fourth, to return agricultural land to its primary proprietor after analyzing the database file for land that was nationalized due to the lack of registration of real estate even though all payments have been paid in full.

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