[특별개간허가양도][집17(4)민,086]
A purchaser of state-owned land purchased pursuant to the Land Clearing Promotion Act may enter into a contract for the transfer in effect on condition that permission of the authority is granted.
In order for a person who has obtained permission to engage in reclamation to have a right to purchase reclaimed land, he/she shall obtain authorization from the competent permitting authorities in accordance with the procedures provided for in Articles 12 and 17 of the Land Reclamation Promotion Act.
Article 17, Article 11(1) of the Farmland Development Promotion Act, Article 11(3) of the Addenda to the Farmland Creation Promotion Act
Supreme Court Decision 69Da1009 Decided August 26, 1969
Plaintiff
Construction in Calutron
Seoul High Court Decision 68Na668 delivered on July 25, 1969, Seoul High Court Decision 68Na668 delivered on July 25, 1969
We reverse the original judgment.
The case shall be remanded to the Panel Division of the Seoul Civil District Court.
The grounds of appeal by the Plaintiff’s attorney are examined.
Upon examining the reasoning of the original adjudication, the court below acknowledged the facts as indicated in Paragraph (1) (2) (3) and concluded that the defendant's contract to transfer the right to land reclamation to the plaintiff without the permission of the Do governor was invalid. However, in light of the contents of No. 4-1 and No. 2 (No. 1-2) admitted as evidence, the original defendant's contract for the same kind of business or the contract for the transfer of the land to be reclaimed in this case seems to be subject to the permission of the transfer authority, and the defendant's obligation on the procedure is the defendant's performance. Thus, according to the provisions of Paragraph (3) of Article 11 of the Farmland Development Promotion Act, which applies mutatis mutandis to the transfer of the land to be purchased in the previous precedent pursuant to Article 17 (1) of the Land Development Promotion Act which applies mutatis mutandis to Article 17 of the same Act, a state-owned purchaser can transfer his right with the permission of the Mayor of Seoul Special Metropolitan City or the Do governor, and the court below determined that the transfer of State-owned land can be held 960.
The issue is reasonable, and therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench in accordance with Article 406(1) of the Civil Procedure Act.
Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)