[소유권이전등기][집16(1)민,092]
Where a purchaser of property devolving upon the State fails to pay a delinquent installment by March 31, 1965, the validity of the contract for sale of property devolving upon the State.
The contract for the sale of the property to which the property belongs was cancelled unless the installment payment was made by March 31, 1965 in accordance with Article 21-3 of the same Act (Act No. 1675, Dec. 31, 64).
Article 21-3 of the Asset Disposal Act for Reversion
Plaintiff
Korea
Daejeon District Court Decision 67Na70 delivered on July 21, 1967
The original judgment is reversed, and the case is remanded to Daejeon District Court Panel Division.
The grounds of appeal by the defendant litigant are examined.
The judgment of the court below is that the defendant sold the property belonging to the non-party to the non-party on August 16, 1951, received gold KRW 300,00,00 as the original payment from the non-party on August 12, 1953, and the remaining gold KRW 528,000,000, in total, KRW 594,000, in default, deposited the payment on behalf of the plaintiff on April 15, 1967. According to the revised Act of the Act of the Special Measures for the Management of Property Belonging to the Civil Act, Article 6 or 8 of the Addenda to the same Act, which was revoked or cancelled by December 31, 1964, notwithstanding the provisions of Article 6 or 8 of the same Act, the contract shall not be deemed to continue to have been terminated, and the contract shall not be deemed to have been terminated by the non-party on the ground that the above amendment was made pursuant to the above provision of the Act or the above amendment of the Act.
However, according to the new establishment of Act No. 1675, Dec. 31, 196) of Act No. 21-3 (196.12.31) of Act No. 1675, if the purchaser of the property devolving upon the property fails to pay by March 31, 1965, the sales contract for the property devolving upon the purchase and sale of the property. Thus, the sales contract for the property devolving upon the purchase and sale of the property shall be rescinded. Thus, even if the sales contract for the property devolving upon the purchase and sale was not rescinded by Act No. 1674, Mar. 31, 1965, the sales contract for the property devolving upon the purchase and sale of the property shall be terminated by Act No. 1675, but the court below erred by applying the sales contract for the property devolving upon the purchase and sale of the property, which affected the conclusion of the judgment, and it shall be reversed by the assent of all participating Justices, and it shall be remanded to Daejeon District Court.
Justices of the Supreme Court (Presiding Judge) Mag-kim Kim-bun and Magman