in respect of real estate of a domestic corporation whose shares belong, the validity of such disposition

in respect of real estate of a domestic corporation whose shares belong, the validity of such disposition

Articles 8(1) and 2(3) of the Act on the Disposal of Property Belonging to Jurisdiction

Go Jin (Attorney Lee Jin-chul, Counsel for defendant-appellant)

Jeon dance et al. (Attorney Jeon Young-chul, Counsel for the plaintiff-appellant)

Seoul High Court Decision 4293No222 delivered on March 2, 1962

The original judgment shall be reversed.

The judgment of the first instance is revoked and the plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

The defendants' agent's grounds of appeal are as shown in the annexed appellate brief.

The First Ground for Appeal

According to the purport of the oral argument, since the land in this case was owned by the ship corporation in this city and its company was a domestic corporation, even if the entire shares of the company belong to the corporation, its shares are not owned by the corporation, and the company cannot belong to the corporation, and the company's properties which were owned by it at the time of August 9, 1945 cannot belong to the property belonging to the corporation. The right to dispose of the property is only a domestic corporation, and as there is no right to dispose of the property, if the above domestic corporation is dissolved under the proviso of Article 8 (1) of the Act on the Disposal of Property Belonging to the Corporation and the land was sold to the plaintiff in this case after the division, the government authorities do not have the right to dispose of the land in this case, and if there is no assertion and proof as to the dissolution and division sale, it is sufficient that the plaintiff's claim is invalid as an act of disposal by the government authorities without authority's authority's authority's authority's right to dispose of the property in this case, and there is no ground for appeal to the plaintiff's decision as to be no ground for invalidation.

Therefore, it is so decided as per Disposition by the assent of all participating judges in the application of Articles 407, 89, and 96 of the Civil Procedure Act.

Justices of the Supreme Court (Presiding Judge) Lee Jin-chul (Presiding Judge)