[행정처분취소][집10(3)행,046]
If the land devolving upon the ownership has been purchased and the price therefor has been fully paid, the time of transfer of ownership
The time when the ownership transfer of the returned property sold is the time when the buyer completely pays the price to the government and is not the time when the transfer is registered.
Article 22 of the Act on the Disposal of Property Belonging to Jurisdiction; Article 176 of the former Civil Act
Clinical Country
The Director General of Seoul Government
Seoul High Court Decision 61Do137 delivered on May 29, 1962
the original judgment shall be reversed.
The case is remanded to Seoul High Court.
The grounds of appeal by the Plaintiff’s attorney are examined.
According to the provisions of the Act on the Disposal of Property Belonging to the State, if the government sold the real estate to the purchaser by a public auction, it is necessary to determine whether the ownership of the real estate should be transferred by the Act on the Disposal of Property Belonging to the purchaser. According to Article 22 of the Act, if the purchase price for the property devolving to the purchaser is not less than 50 percent of the purchase price within 4 years from the date of the sale contract, or within 70 percent of the sale price, the Government shall have the ownership of the property devolving to the purchaser by establishing a mortgage reasonable balance, but the Government shall hold the ownership of the property to fully recover the purchase price until the purchaser pays the purchase price for the property belonging to the Government, but the Government shall not have the authority to completely transfer the ownership to the purchaser, even if it reaches the purpose of collecting the ownership, and thus, it is difficult to view that the ownership of the property devolving to be transferred to the purchaser automatically without any change in the ownership ownership ownership ownership at the time of the sale contract to the effect that the ownership is transferred to the purchaser.
This paper is reasonable.
In this regard, the original judgment is reversed, and the case is remanded to the Seoul High Court for a new trial and determination as to the ownership transfer of the property to which the original judgment belongs and the ownership transfer of the evidence No. B (2). It is so decided as per Disposition by the assent of all participating Justices on the bench.
The judges of the Supreme Court (Presiding Judge) Cho Jin-man (Presiding Judge) and Lee Jong-man (Presiding Justice)