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Main Issues
right of representation of a person who is not the wife of a person who is not a successor of property devolving upon the State
Summary of Judgment
It is improper for a person who has been recognized as a legal wife of A as the right of lease of a house leased for management to claim the right of interest on the house.
[Reference Provisions]
Article 15 of the Act on Asset Disposal for Reversion
Plaintiff-Appellant
Senior Security Officer;
Defendant-Appellee
Minister of Finance and Economy
Judgment of the lower court
Seoul High Court Decision 57Da63 delivered on July 15, 1957
Reasons
The court below did not have any dispute between the parties that leased the instant house under the Ordinance of the Ministry of Health and Welfare to the Annual Red, but it is difficult to find out that there is any mistake of fact, such as the theory of lawsuit, inasmuch as the plaintiff, based on evidence, has a key point to be recognized as the legal wife of the High Skin Red, claiming the right to interest in the instant house as a tobacco-based interest.
Justices Kim Jong-soo (Presiding Justice) (Presiding Justice)