The validity of the disposition of selling the property devolving upon the disqualified person or the right holder of the property;

The sale of property devolving upon a disqualified person or a person who has no right to file an appeal shall not be void as a matter of course.

Article 15 of the Act on Asset Disposal for Reversion

Jdilution (Attorney Kim Han-young, Counsel for the defendant-appellant)

The Director General of Seoul Government

Shin Young-young

Seoul High Court Decision 4294Da189 delivered on May 8, 1962

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal by the plaintiff's attorney are the same as those of the appellate brief that was sent at the end of this judgment.

The grounds of appeal No. 1 are examined.

Even if a person who is disqualified for or has no right to appeal under the Act on the Disposal of Property Belongings, the disposition of the property devolving upon him can not be deemed to be a disposition that becomes invalid as a result of the revocation. In this case, according to the records, the defendant sold the object of this case to the Intervenor on April 11, 1955, and thereafter leased it to the plaintiff on July 25, 1955, but sold to the plaintiff on June 30, 1956, so if the defendant voluntarily cancelled the disposition of selling the object to the Intervenor, the disposition of selling it to the plaintiff cannot be deemed to be unlawful. Accordingly, the judgment of the court below to this purport is just and there is no error in the misapprehension of legal principles as to the lawsuit.

The second ground of appeal is examined.

According to the records, while the defendant sold to the defendant's intervenor on April 11, 1955, the facts that 1, Jung-gu, Seoul, Jung-gu, Seoul, 100-132 site and 28 site are included in the defendant's allegation, are recognized by the defendant. Thus, even if the defendant sold the above site 28 site that the defendant did not lease to the defendant's intervenor like the plaintiff's leader, it cannot be said that the sale disposition is null and void as a matter of course. Thus, even if the court below erred in the defendant's assertion, the conclusion cannot be adopted because it does not affect the conclusion.

Therefore, the appeal is dismissed and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

The judge of the Supreme Court (Presiding Judge) of the Red Magsan (Presiding Judge) of the Republic of Korea is a Mag-bunbun Mag-man