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(영문) 대법원 1999. 10. 22. 선고 97다49817 판결

[소유권이전등기말소][공1999.12.1.(95),2397]

Main Issues

In the case of a disposition by compulsory auction without the permission of the Minister of Culture and Sports, the validity of the land within the scope of Article 6 (1) 2 of the former Traditional Temple Preservation Act (negative)

Summary of Judgment

According to Article 6 (1) 2 and Article 6 (5) of the former Traditional Temple Preservation Act (amended by Act No. 13, Dec. 13, 1997) and Article 7 (2) of the Enforcement Decree of the same Act, the Korean Traditional Temple Preservation Act requires the permission of the Minister of Culture and Sports to engage in an act of disposal, such as lending, transferring, offering security, etc. of land within the boundaries of the Korean Traditional Temple Preservation Act, and any disposition contrary to this provision shall be null and void. Thus, it is not different even if the disposal is

[Reference Provisions]

Article 6 (1) 2 and (5) of the former Traditional Temple Preservation Act (amended by Act No. 5453 and 5454 of Dec. 13, 1997), Article 7 (2) of the former Enforcement Decree of the Preservation of Traditional Buddhist Temples Act (amended by Presidential Decree No. 15493 of Oct. 2, 1997)

Reference Cases

Supreme Court Decision 80Da2136 Decided August 20, 198 (Gong1981, 14289) Supreme Court Decision 93Da4293 Decided January 25, 1994 (Gong1994Sang, 805) Supreme Court Decision 93Nu2784 Decided September 27, 1994 (Gong1994Ha, 280)

Plaintiff, Appellee

Multilrusian (Attorney Soh Jin et al., Counsel for the defendant-appellant)

Defendant, Appellant

Defendant 1 and one other

Judgment of the lower court

Changwon District Court Decision 97Na4603 delivered on October 9, 1997

Text

All appeals are dismissed. The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

According to Articles 6 (1) 2 and 6 (5) of the former Traditional Temple Preservation Act and Article 7 (2) of the Enforcement Decree of the same Act, etc., Article 6 (1) 2 and 6 (5) of the same Act and Article 7 (2) of the same Act provide that an act of disposal, such as lending, transferring, offering security, etc., shall be permitted by the Minister of Culture and Sports, and any disposition contrary thereto shall be null and void. Thus, even if such act of disposal is a procedure for compulsory auction, it shall not be deemed null and void (see, e.g., Supreme Court Decisions 80Da2136, Aug. 20, 1981; 93Da4293, Jan. 25, 1994; 93Nu2784, Sept. 27, 1994).

According to the reasoning of the judgment below, the court below acknowledged the facts as stated in its reasoning based on evidence, etc., and according to the facts, the transfer registration of ownership in the judgment of Defendant 1, which was made without the permission of the Minister of Culture and Sports to dispose of the forest land of this case within the boundaries of the Korean Traditional Temple Preservation Act, is a registration of invalidation which lacks legitimate cause, and the transfer registration of ownership in the judgment of Defendant 2, which was made based on it, is also a registration of invalidation.

In light of the records and relevant Acts and subordinate statutes, it is proper that the court below's evidence preparation, fact-finding, and judgment is correct, and there is no error in the misapprehension of legal principles as to the provisions on the prohibition of seizure of land, buildings, etc. under the Preservation of Traditional Buddhist Temples Act, due to the violation of the

All of the grounds of appeal cannot be accepted.

Therefore, all appeals are 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 Cho Jae-hee (Presiding Justice)

심급 사건
-창원지방법원 1997.10.9.선고 97나4603
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