[귀속재산임대차계약취소처분취소][집2(3)행,021]
Revocation of a lease agreement on property devolving upon the State and the cause thereof.
The cancellation of the lease contract for the property devolving upon the State is illegal because it is limited to the raw milk stipulated in Article 35 of the Act on the Disposal of Property Belonging to the State Council Members.
Article 35 of the Act on Asset Disposal for Reversion
Daegu City Refugee Council (Attorney Kang Byung-jin, Counsel for the defendant-appellant)
The Director-General of the Gyeongbuk-do (Attorney Park Jae-soo, Counsel for the plaintiff-appellant-appellant)
Daegu High Court
The final appeal is dismissed.
The costs of appeal are assessed against the defendant.
The gist of the judgment below's ground of appeal by the defendant's attorney is that the defendant's lease of the property belonging to the case to the plaintiff on March 8, 1952 by the resolution of the 39th State Council was revoked by the appeal decision that the property belonging to the plaintiff should be leased to the plaintiff, and that the property belonging to the plaintiff to the representative of the inspection should be leased to the inspection. However, the State Council is the chief administrative resolution authority, and the State Council decided that it was illegal that the property belonging to the inspection should be returned to the inspection with the relation of the inspection as the inspection's annual relations, and it was erroneous in disregarding the validity of the law, and thus, the court below should not dismiss the inspection.
However, it is not reasonable to discuss the premise that the resolution of the State Council was made by the State Council because the cancellation of the vested property lease agreement shall be based on the prescribed originals under Article 35 of the vested Property Disposal Act, unless there is any special reason to the contrary.
Therefore, it is so decided as per Disposition by Article 14 of the Administrative Litigation Act, Article 401 of the Civil Procedure Act, Article 89 of the same Act, Article 95 of the same Act.
Justices Kim Byung-ro (Presiding Justice)