[귀속재산매매계약해제처분취소][집3(1)행,036]
The meaning of the same family member under the Returning Act;
The same family of Article 12 of the Returning Act refers to the family of the same family register at the time of lease or purchase of the re-owned house or site.
Article 12 of the Act on Property Disposal for Reversion
Attorney Lee Jong-ho et al., Counsel for the plaintiff-appellant
Kim Chang-su, Counsel for the defendant-appellant of Jeollabuk-do
Gwangju High Court Decision 55Na9 delivered on September 20, 1955
The final appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
The grounds of appeal by the plaintiff's agent are, based on the original judgment, interpreted that the contract for this case between the original defendant and the plaintiff is in conflict with Article 12 of the Act on the Disposal of Property Belonging to the plaintiff or that the so-called same family under the same law refers to the same family within the same family register at the time of purchase of the house or site belonging to the original defendant. It is reasonable to explain that the plaintiff's claim is accepted under the premise that the same family is within the same family, but so-called so-called "family" refers to the same family member who lives within the same household, i.e., a family member who lives within the same household, in fact, is referring to the same family member who lives within the same household and is in the same family register, even though there is no separate family member and the other family member lives within the same family register, it cannot be viewed as the same family member if there is no error of law by misunderstanding the plaintiff's original judgment as to whether it is the same as the other family member living within the same family register for two or more years without reporting the same family register.
The so-called "the same family" under Article 12 of the "the Civil Procedure Act" shall be interpreted as referring to the same family in the same family name at the time of purchase of the site or house which is the property devolving upon the State. It shall be reasonable to interpret as referring to the same family in the same name at the time of purchase of the land or house which is the property devolving upon the State. Therefore, the original judgment in the same purport shall not be adopted merely because it is just. Therefore, in accordance with Article 14
Justices Kim Byung-ro (Presiding Justice) and Justice Han Jin-jin, Justice Han-jin, Justice Kim Jong-jin (Presiding Justice)