Since the State-owned river site is a property for public use, it may not be disposed of unless the management agency discontinues its use and transfers it to the Commissioner of the National Tax Service.

Since the State-owned river site is a property for public use, it may not be disposed of unless the management agency discontinues its use and transfers it to the Commissioner of the National Tax Service.

Article 20 of the State Property Act

Kim Woo

Korea

Seoul High Court Decision 71Na617 decided June 23, 1972, Seoul High Court Decision 71Na617 decided June 23, 1972

The appeal shall be dismissed.

The costs of appeal shall be borne by the plaintiff.

The Plaintiff’s grounds of appeal are as follows.

The court below held that even if Busan City Mayor entered into a contract for the exchange of 2 lots of land owned by the plaintiff (69 square meters and 112 square meters) in total (181 square meters and 181 square meters of Dong-dong, Dong-dong) and 181 square meters of the State-owned river site (Dong-dong (Dong-dong parcel number omitted), the above state-owned river site can not be disposed of unless the Busan City Mayor, which is a public water site, discontinues its use as a public water site and transfers it to the Commissioner of the National Tax Service without taking such a procedure, and thus, it cannot be deemed that the exchange contract is valid, and thus, it does not affect the conclusion of the judgment of the court below. Thus, even if the court below reviewed the evidence relation, it does not affect the conclusion of the court below, such as the above state-owned river site, the Busan City Mayor, which is a management agency of property for public use, and the head of the National Tax Service, did not accept the plaintiff's request for transfer registration of ownership.

Therefore, this appeal shall be dismissed. It is so decided as per Disposition by all members of the Civil Procedure Act by applying Article 89 of the Civil Procedure Act.

Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng