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(영문) 대법원 1980. 7. 8. 선고 80다478,479 판결

[소유권이전등기][공1980.9.1.(639),12997]

Main Issues

Sale and purchase of a valid Buddhist property without the permission of the Minister of Delivery

Summary of Judgment

Since the Buddhist Property Management Act was enforced as of May 31, 1962 and the old Order of Inspection was repealed as of January 20, 1962, sale and purchase of forest owned by inspection was effective without permission of the Minister of Delivery.

[Reference Provisions]

Article 11 of the Non-School Property Management Act, Article 1 of the Addenda

Plaintiff, Counterclaim Defendant

Appellee Attorney Lee Ho-ho et al., Counsel for the defendant-appellant

Defendant, Counterclaim Plaintiff

[Judgment of the court below]

original decision

Seoul High Court Decision 78Na3371, 3372 delivered on February 8, 1980

Text

The appeal is dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

Reasons

The Defendant-Counterclaim Plaintiff’s ground of appeal is examined.

According to the reasoning of the judgment of the court below, the court below determined that the sale of the above sale of the above sale of the above case, which was executed on February 28, 1962 by the plaintiff as stated in its decision, did not affect the validity of the original sale without the permission of the delivery minister of the original sale of the above case, and that the plaintiff paid the purchase price thereof as stated in its decision, the plaintiff paid the purchase price thereof on January 25, 1963, the non-interscopic scopic scopic scopic scopic scopic scopic scopic scops at March 6, 1963, and recognized the fact that the plaintiff received the delivery of the above land, and the Buddhist Property Management Act was enforced on May 31, 1962, since the old inspection was abolished as of January 20, 1962, and thus, the above sale of the above case did not affect the validity of the original sale without the permission.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-chul (Presiding Justice)