The effects of the land improvement association's contract for repair works without the approval of the Do Governor.

If a repair association performs a legal act without the approval of the Do Governor which bears obligations other than those prescribed in the budget, such legal act shall not take effect.

Article 39 of the old Decree of the Shipbuilding Repair Association

drupture scrap metal

Prepaid Land Improvement Cooperatives

Daegu District Court Decision 62Na78 delivered on November 22, 1962, Daegu High Court Decision 62Na78 delivered on November 22, 1962

The judgment of the court below is reversed.

The case shall be remanded to the Daegu High Court.

Article 39 of the old Decree on the Maintenance and Repair Association shall be approved by the Do governor in cases where the repair association performs a legal act other than those prescribed in the budget without approval from the Do governor. Thus, if the repair association performs a legal act other than those prescribed in the budget without approval from the Do governor, the legal act cannot take effect. Thus, the defendant's main repair construction contract cannot be viewed as an effective association act without approval from the competent Minister under Article 38 of the old Decree on the Maintenance and Repair Association, and the court below recognized the fact that the defendant did not obtain approval from the competent Minister, and determined that the defendant cannot be exempted from the duty to pay remuneration under the above contract for the plaintiff. However, the defendant's above argument can be interpreted as an assertion that the violation of the old Decree on the Maintenance and Repair Corporation can be interpreted as invalid, and the court below is interpreted as such. Thus, the court below did not err in the application of the old Ordinance on the Maintenance and Repair Association since the repair Corporation contract in this case constitutes Article 39 of the old Ordinance on the Maintenance and Repair Association.

Therefore, there is a good reason to discuss the issue on the other issue, and the decision on the other issue is omitted and it is so decided as per Disposition by the assent of all participating judges pursuant to Article 406 of the Civil Procedure Act.

The judge of the Supreme Court (Presiding Judge) Ma-Ma-man (Presiding Judge) Ma-man Ma-man Ma-man Ma-man Ma-man Ma-man