[귀속재산매매계약명의변경취소처분취소][집14(2)행,030]
the effect of the change in the name of the purchaser of the property devolving upon the State
If the purchaser determines the sale of the property devolving upon the purchaser, it is impossible to change the purchaser's name, except in the case of comprehensive succession.
Article 1 of the Administrative Litigation Act
Plaintiff
head of Sung Dong Tax Office
Seoul High Court Decision 65Gu68 delivered on March 17, 1966
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
The plaintiff's grounds of appeal are examined as follows. When the authority sells the property devolving upon the purchaser, it should first examine whether the purchaser is disqualified for purchasing as listed in each subparagraph of Article 9 of the Act on the Disposal of Property Belonging, second, it is found that the purchaser does not constitute double purchase as provided in Articles 10 through 12 of the Act on the Disposal of Property Belonging, and only if the purchaser does not conflict with these conditions, it is allowed to sell the property devolving upon the purchaser. Therefore, it is deemed that the purchaser can not be permitted to change the purchaser's ownership if the sale of the property devolving upon the purchaser is determined by comprehensive succession, and if not, it is the spirit of the Act on the Disposal of Property Belonging (refer to Supreme Court Decision 64Da499 delivered on September 30, 1964). Accordingly, the defendant 1 who purchased the property devolving upon the purchase of the property devolving upon the purchaser's signature and seal and the change of the purchaser's share at the expense of the plaintiff 2, as argued in the arguments, it is justified in the judgment below that the above change of the purchaser's share title of the defendant 1.
This decision is consistent with the opinions of the involved judges.
The judge of the Supreme Court (Presiding Judge) of the Republic of Korea shall have the authority to transfer a red net holiday.