[소유권이전등기말소][집16(1)민,107]
Effect of double selling of property devolving upon the State
If a person who purchased property devolving upon double sale sells it to another person after completing the registration of ownership transfer in the name of the person who purchased the property devolving upon double sale, if such disposition is revoked, the registration shall become void.
Article 1 of the Act on the Disposal of Property Belonging to Jurisdiction, Article 8 of the Act on the Disposal of Property Belonging to Jurisdiction, Article 214 of the Civil Act
Plaintiff
Defendant
Seoul Central District Court Decision 67Na369 delivered on September 7, 1967
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
Defendant 1’s attorney’s ground of appeal
According to the reasoning of the judgment of the first instance cited by the original judgment and the reasoning of the original judgment, the Plaintiff’s judgment was determined to have lawfully purchased the 6270 square meters of forests and fields from the State on December 28, 1962, which had been in the position of dividing the real estate in this case into the Gyeonggi-si (No. 1 omitted), the Gyeonggi-do Office (No. 18th, forest and field) and the Gyeonggi-do Office (No. 2 omitted), which had been in the position of dividing the 7th, the real estate in this case into the real estate in this case. Therefore, it is not for the purport of rejecting the Defendant’s defense that the administrative disposition
The second ground of appeal No. 2
As long as the State disposes of the property devolving upon the State lawfully, the purchaser after the second sale shall pay the price in full after the second sale, and even if the ownership transfer registration was completed, the sale disposition thereafter may be cancelled at any time as illegal administrative disposition infringing the purchaser's right acquired by the sale disposition prior to the sale disposition, and even if the purchaser of the property devolving upon the State sells the property to another purchaser and registers the transfer of ownership in the purchaser's name, if the purchaser cancels the disposal of the property devolving upon the purchaser, the registration is incomplete, and the purchaser may seek the implementation of the procedure for registration cancellation on behalf of the State. Therefore, the judgment of the court below to the same purport is just, and it cannot be said that there were errors in the misapprehension of legal principles, such as theory
Therefore, the appeal is dismissed. The costs of the appeal are assessed against the defendant. It is so decided as per Disposition by all participating judges.
Supreme Court Judge Madung (Presiding Judge) Kim Gung-bun and Madlebro