Article 34 of the Act on the Disposal of Property Belonging to Jurisdiction

According to this article, the lessee or custodian of the property devolvingd shall not move, sublease or dispose of the property without the approval of the government, but if the approval of the government, it shall not be interpreted that the lessee or custodian of the property devolvingd can make the disposition effective, such as sale, etc.

Article 34 of the Act on Asset Disposal for Reversion

Plaintiff

Korea

Seoul High Court Decision 66Na1079 delivered on February 22, 1967, Seoul High Court Decision 66Na1079 delivered on February 22, 1967

The original judgment is reversed, and the case is remanded to the Seoul High Court.

As to the grounds of appeal by Defendant Litigation Performers:

According to the reasoning of the judgment, the non-party 1 and the non-party 2, who was the administrator of the main real estate which is the property devolving upon the original decision, sold in gold 301,068 won in February 25, 1950 with respect to the building in this case with the approval of the disposal by the Seoul Special Metropolitan City Mayor and the director general of the temporary government office (at that time), so the country of the defendant was obligated to implement each procedure for the registration of ownership transfer by this sale. However, according to the provisions of Article 34 of the Act on the Disposal of Property Belonging to the State, the tenant or the administrator of the property devolving upon the original decision shall not be required to dispose of the property without the government's approval, and it is reasonable to interpret that the lessee or the administrator of the property devolving upon the original decision shall not be deemed to have been in place that the disposal can be effective, such as the sale of the property devolving upon the original decision, and it is therefore erroneous in the misapprehension of the provisions of Article 34 of the Act on the Disposal of Property Belonging to the original judgment.

Therefore, it is so decided as per Disposition by the assent of all participating judges pursuant to Article 406 of the Civil Procedure Act.

The judges of the Supreme Court, the two judges (Presiding Judge) of the two judges of the Supreme Court and the vice versa.