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(영문) 대법원 1969. 12. 9. 선고 69다1746 판결

[소유권이전등기말소등][집17(4)민,162]

Main Issues

An objection by the interested parties under Article 22 (1) of the Illegal Stock Disposal Act.

Summary of Judgment

The interests of the interested parties under Article 22 (1) of the Illegal Stock Disposal Act.

[Reference Provisions]

Article 22 (1) of the Illegal Stock Disposal Act

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

Korea

Judgment of the lower court

Msan support in the first instance, Daegu High Court Decision 69Na358 delivered on August 27, 1969

Text

The original judgment is reversed, and the case is remanded to the Daegu High Court.

Reasons

The court below rejected the defense against the plaintiff's defense that the plaintiff's genuine owner of this building and machinery, etc. is not the non-party who was subject to the non-party's decision to recover the non-party's own property and notified the Minister of Finance and Economy that the non-party's non-party's property was not subject to the non-party's non-party's decision to recover the non-party's property, and that the non-party's notification cannot be effective against the plaintiff. However, according to Article 22 (1) of the Non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party defense.

Therefore, we decide to reverse the original judgment and decide as per Disposition by the assent of all Justices involved.

[Judgment of the Supreme Court (Presiding Judge) Nabri-dong and Dobri-Jaking Hanwon