부동산 경ㆍ공매 절차에서 농지취득자격증명의 개선방안

The registration for the passage of title for the corresponding farmland is available in accordance with the farmland act in Korea only when any person who wants to acquire farmland shall issue the certificate of farmland acquisition qualification from the mayorㆍdistrict chiefㆍchief officer. The same applies to the case of the successful bid of farmland from the real estate auction and public action procedures. However, the successful bidder can meet some critical issues from the real estate auction and public action procedures in a process of issuing and submitting the certificate of farmland acquisition qualification as follows. First, there is probability of the real estate transaction incidents due to the problems in the submission time of certificate of farmland acquisition qualification from the public action procedure. Second, it can cause the confusion of bidder because it is not consistent with the concept of farmland in accordance with the farmland act and the concept of farmland from the public auction procedure. Third, there arises a problem with a lack of consistency because the subject who determines whether it is farmland is not clear and because the public officer in charge’s subjective judgment is incorporated. As a result, the bidder can avoid bidding because of the uncertainty that the corresponding farmland is one which can issue the certificate of farmland acquisition qualification. After all, it is followed by the low price bid, so it can cause damages to both the creditor and the debtor. In addition, the farmland becomes object of speculation which seeks capital appreciation contrary to the root idea of constitution and farmland act in the real estate auctionㆍpublic auction market. To conclude, this researcher considers it as it needs to point out the problems and discuss the improvement plan for the problems mentioned above.