When the administrative disposition to cancel the disposition of the property devolving upon the State becomes final and conclusive, the cause of the acquisition of the ownership is extinguished.

When the administrative disposition to cancel the disposition of the property devolving upon the State becomes final and conclusive, the cause of the acquisition of the ownership is extinguished.

Article 1 of the Administrative Litigation Act

Plaintiff

Defendant 1 and four others

Daegu High Court Decision 68Na98 delivered on June 11, 1969

We reverse the original judgment.

The case shall be remanded to the Daegu High Court.

The judgment on the first ground for appeal of Kim training, such as the grounds for appeal of the standard of appeal by the representative of the plaintiff lawsuit.

In light of the above legal principles, since the nature of the disposition of cancellation of the sale of the property devolving upon the defendant was an administrative disposition, the disposition of cancellation cannot be deemed to be null and void under the law, and since the transfer of the ownership to a third party after the buyer's transfer of ownership was made, it is apparent in that the validity of the disposition of cancellation cannot be affected by the transfer of the ownership. However, in this case, the plaintiff's assertion is that the land in this case was the property devolving upon the plaintiff, and the Republic of Korea was sold in double to the defendant 5. Since the Republic of Korea sold the property in this case to the defendant 5, it was argued that the disposition of non-sale of the property devolving upon the defendant 5 was revoked on October 27 of the same year, 1964, and the court below rejected the plaintiff's claim for the disposition of cancellation of the ownership transfer registration by examining whether the disposition of non-sale of the property devolving upon the defendant 5 was a disposition of cancellation of the ownership transfer registration by the defendant 2.

It is so decided as per Disposition by the assent of all participating Justices on the remaining grounds of appeal.

[Judgment of the Supreme Court (Presiding Judge) Nabri-dong and Dobri-Jaking Hanwon