Main Issues

Persons with authority to file a complaint under the Act on the Disposal of Property Belonging

Summary of Judgment

The term “decent relative” in this Article means, in the case of a house, a lessee at the time of sale.

[Reference Provisions]

Article 15 of the Enforcement Decree of the Act on the Disposal of Property Belonging to Jurisdiction, Article 10 of the Enforcement Decree of the Act

Plaintiff-Appellant

Limited Liability

Defendant-Appellee

The Director General of Seoul Government

Intervenor joining the Defendant

Kim Han-ro et al.

Judgment of the lower court

Seoul High Court Decision 61Da195 delivered on June 29, 1962

Text

The original judgment shall be reversed and the judgment

Reasons

On the other hand, if there is a sale disposition on the property devolving upon the State, it shall not be cancelled unless there is a defect in accordance with the law or the legal principles of general administrative acts. In addition, the "decent relative in the sale disposition on the property devolving upon the State" refers to the lessee in the house, and it is obvious under Article 10 subparagraph 2 of the Enforcement Decree of the Act on the Disposal of Property Belonging to the State. In this case, the court below, as the property devolving upon the State, leased 240 square meters to the supplementary participant Kim Jong-ro on July 30, 1949, the land was leased 220 square meters to the supplementary participant Kim Jong-ro, but it did not fall under the above order of 1955, the court below revoked the above lease contract on February 10, 195, and it did not constitute the supplementary participant's right to participate in the public sale of the land at the time of the public sale and it did not constitute an error of law as stated above by the court below's ruling that the supplementary participant's right to participate in the public sale of this case.