Before the enforcement of the current Civil Code, the purchaser of the property devolving upon the property acquires the ownership finally by paying the purchase price in full, and then the disposition that the State sold to another person again is null and void.

Before the enforcement of the current Civil Code (before December 31, 1959), since the purchaser of the property devolving upon the property acquired the ownership finally by fully paying it, then the disposition that the state sold to another is null and void as a matter of course.

Article 186 (Residents' Act) Article 176 (Gu Residents' Act) and Article 3 of the Act on the Disposal of Property Belonging to Jurisdiction.

62Nu57 delivered on August 30, 1962

Plaintiff

Defendant

Seoul Civil Area, Seoul High Court Decision 69Na1290 delivered on April 9, 1970

The part of the judgment against the defendant is reversed, and that part of the case is remanded to Seoul High Court.

The defendant's attorney's grounds of appeal are examined.

According to the reasoning of the judgment, the court below held that the above non-party 1 was the non-party 2's non-party 3's non-party 1's non-party 6's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 7's non-party 6's non-party 1's non-party 6's non-party 6's non-party 9's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 9's non-party 1's non-party 6's non-party 1's non-party 1'6'.

However, prior to the enforcement of the current Civil Act (before December 31, 1959), if the purchaser of the property devolving upon the government pays the purchase price in full, it is view that the ownership of the property devolving upon the government is not required to be registered and automatically transferred to the purchaser. Thus, if the purchaser completely pays the purchase price, the State cannot be deemed to hold the right to dispose of the property again after the acquisition of the ownership finally, if the State sells it again to another without authority, it cannot be deemed that it constitutes a sale by an unauthorized agency, and thus, it cannot be deemed that the disposal of the property becomes null and void only because it is a sale by the government without authority (see Supreme Court Decision 62Nu57 delivered on August 30, 1962). Accordingly, the court below's determination that the sale of the property becomes null and void only after the acquisition of the ownership in full by the government authority on August 24, 1954.

Therefore, the decision of the court below is delivered with the assent of all participating judges in order to make the court below more review.

The presiding judge of the Supreme Court of Korea (Presiding Judge) shall be the red net shots and the white shots