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(영문) 대법원 1968. 9. 3. 선고 68다336 판결

[소유권이전등기][집16(3)민,003]

Main Issues

Whether the lessee or custodian of any property devolvingd upon the approval of the Government can dispose of such property by sale, etc.

Summary of Judgment

The purpose of this section is that the lessee or custodian of the property devolving upon the State shall not dispose of such property by sale, etc. without the approval of the Government, and that such disposal by sale, etc. shall not be effective upon approval of the Government.

[Reference Provisions]

Article 34 of the Act on Asset Disposal for Reversion

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Korea

Judgment of the lower court

Seoul High Court Decision 67Na2042 delivered on January 12, 1968, Seoul High Court Decision 67Na2042 delivered on January 12, 1968

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

The grounds of appeal by the Plaintiff’s attorney are examined.

According to the provisions of Article 34 of the Act on the Disposal of Property Belonging to the State, a lessee or manager of the property devolving upon the State shall not move, sublease, or dispose of the property without the approval of the Government, and if the approval of the Government is granted, it shall not be interpreted that the lessee or manager of the property devolving upon the State shall not take such action as sale, etc. which provides that the disposal of the property devolving upon the State shall be effective. Therefore, the original judgment that

Therefore, the appeal is dismissed without merit. The costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Supreme Court Judge Madung (Presiding Judge) Dogk Kim-bun and Lee Young-young