Scope of application of Article 4 (1) and (2) of the Addenda to the Act on Special Measures for Reversion;

The purport of Article 4 (1) and (2) of the Addenda to the Act on Special Measures for the Disposal of Property Belonging to Jurisdiction (amended by Act No. 1346, May 29, 1963; January 1, 1965) is to be effective for disposal of property devolving upon the State in cases where the government-invested authority sells the property owned by a Dormant corporation or a Dormant corporation, not a Dormant corporation, at least 1/2 of the shares or equity belonging to which the government-invested authority belongs, but the interested person does not file a lawsuit within the prescribed period, etc., the sales property of the corporation, etc. shall be treated as disposed of under Article 8 of the Act on Special Measures for the Disposal of Property Belonging to Jurisdiction, and Article 4 (1) and (2) of the Addenda shall not apply

Articles 4(1) and 4(2) of the Addenda of the Act on Special Measures for the Management of Property Belonging to Jurisdiction; Article 8 of the Act on the Management of Property Belonging to Jurisdiction

[Defendant-Appellee] Plaintiff 1 et al.

Korea

Seoul High Court Decision 89Na16616 delivered on September 22, 1989

The appeal application is dismissed.

The plaintiff (applicant)'s attorney's ground for filing an appeal is examined.

The purport of Article 4 (1) and (2) of the Addenda to the Act on Special Measures for the Disposal of Property Belonging to Jurisdiction (Law No. 1346, May 29, 1963; effective after January 1, 1965) is that the government-invested agency sells 1/2 or more of the stocks or equity shares belonging to the public-private partnership corporation, which is not the public-private partnership corporation, and which is not the public-private partnership corporation, etc. to which the public-private partnership corporation belongs, and the interested person does not file a lawsuit within the prescribed period, the sale of property belonging to the corporation, etc. shall be deemed to have been disposed of in accordance with the above Act and Article 8 of the Act on the Disposal of Property Belonging to Jurisdiction, and there is no room for the application of Article 4 (1) and (2) of the Addenda to the above Act if the Do governor delegated by the Minister of Agriculture and Forestry, other than the public-private partnership authority, disposes of the property devolving to the public-private partnership

In addition, the precedents of party members whose arguments are indicated, revealing the same purport as the above opinion of party members regarding the application of Article 4 of the above Addenda to the sale of the property of profit-making corporations in which not less than half of the stocks or shares belonging to the Minister of Finance and Economy or the Director-General are sold. Thus, the judgment of the court below

Ultimately, the above argument of the petition for appeal of this case is without merit, and the record is examined, and there is no ground to permit an appeal under Article 12(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and it is dismissed. It is so decided as per Disposition by the assent of all participating Justices

Justices Lee Chang-chul (Presiding Justice)