[부동산매각처분취소][집15(2)행,011]
Whether Article 4 of the Addenda to the Act on Special Measures for Reversion Property is unconstitutional.
The provisions of paragraphs 1 and 2 of this Article cannot be regarded as unconstitutional.
Article 4 of the Addenda of the Act on Special Measures for Reversion Property Management
Supreme Court Decision 65Nu69 Decided December 29, 1966
Plaintiff
Busan District Director
Daegu High Court Decision 65Gu35 delivered on June 10, 1966
The appeal is dismissed.
The costs of appeal shall be borne by the defendant and the defendant joining the defendant.
The grounds of appeal by the defendant litigation performer and the defendant supplementary intervenor are examined (the contents of the supplementary appellate brief by the non-party supplementary intervenor received after the expiration of the legal period are also the same as the above appellate brief.).
Article 8 (1) 4 of the Act on the Special Measures for the Disposal of Property Belonging to the Plaintiff, which is a domestic law of 105,200 Japanese shares, has been sold to the Plaintiff by means of sale of property without taking the procedure for dissolution as provided by Article 8 (1) 4 of the Act on the Disposal of Property Belonging to the Plaintiff. Since January 14, 1957, the provision of Article 4 (1) and (2) of the Addenda to the Act on the Special Measures for the Disposal of Property Belonging to the Plaintiff is applied to the case where the entire shares belonging to the Plaintiff were sold to the Hongyang Industries Corporation, the ownership of the Plaintiff was 105,200 Japanese shares. This provision is interpreted as unconstitutional by the court's interpretation of Article 4 (1) and (2) of the Act on the Special Measures for the Disposal of Property Belonging to the Plaintiff and its original purpose is to limit the right to the sale of the property belonging to the Plaintiff to the interested party or to the disposal of the property belonging to the Plaintiff, regardless of the original purpose of the Act.
Judges of the Supreme Court (Presiding Judge) Ma-dong (Presiding Judge) and Ma-dong Mabbbble Ma