[귀속재산매각처분무효확인][집10(1)행,099]
(1) The effect of the act of selling property already sold by the agency to a third party before the full payment of the sale price is made
The ownership of the property devolving upon the State is not immediately transferred to the purchaser by the administrative disposition of sale of the property devolving upon the State, but the purchaser paid not less than 70 percent of the purchase price in full within two years after the purchase price was fully paid by the purchaser, and the ownership of the property devolving upon the State is reserved by the Government, and even if the property devolving upon the State is still sold twice to another person during the period of reserving ownership of the property devolving upon the government's transfer of ownership, such sale disposition does not necessarily become null and void, but is subject to an administrative disposition that can be revoked because it is erroneous in the decision making process that forms the contents of the administrative disposition.
Article 22 of the Act on Property Disposal for Reversion
Dried stones
Director General of the Seoul Special Metropolitan City Government
Kim Jong-hwan (Attorney Kim Han-young, Counsel for the defendant-appellant)
Seoul High Court Decision 4294Ra11 delivered on August 26, 1961
We reverse the original judgment.
The case is remanded to Seoul High Court.
The grounds of appeal by the defendant and the defendant assistant intervenor are examined and points of appeal are examined.
However, on April 28, 1954, the original judgment imposed an administrative disposition on the Plaintiff, who sold three or more parcels of land belonging to the Plaintiff, and issued an administrative disposition on August 31, 195 to the non-party Kim Jong-sung (hereinafter “non-party”), which concluded that such disposition is void automatically, and that the Plaintiff’s claim for confirmation of invalidity of the administrative disposition is not subject to any limitation on the period for filing the lawsuit, thereby rejecting the Defendant’s defense of safety and admitting the Plaintiff’s claim for confirmation of invalidity of the administrative disposition. However, on the ground that the administrative disposition on the property belonging to the government was made by the non-party 4, the ownership of the property should not be transferred to the purchaser, and the sale price should not be determined within 50 or more days after the purchaser paid the sale price in full, or within 70 or more days after the sale price was determined by the court below, and thus, the ownership of the property belonging to the Government would be invalid for sale to the non-party 1, which would still belong to the Supreme Court.
Supreme Court Judge Lee Young-chul(Presiding Judge) (Presiding Judge) Dog-Jak and Mag-Jak, Kim Ho-soon, Mag-man, Manb