The acquisition of the reverted site and the right of association;

If Party A, who leased a site devolving upon the State, transferred the site to Party B and returned the site to Party B in order to lease the vehicle to Party B, and Party B, if Party B applied for a lease contract to Party B along with the certificate of return of the property, Party B is deemed to have the right to lease due to the transfer of the right of lease from the former Party A and the right to lease due to the maritime water contract.

Articles 15 and 29 of the Act on the Disposal of Property Belonging to Jurisdiction

Cho Man-man, Kim Jong-tae

Kim Jong-do, Counsel for the defendant-appellant-appellee

Director-General of the Seoul Special Metropolitan City Government Government Lee Ba-young, Attorney Choi Young-young, Counsel for the defendant-appellant

Lee Jin-jin, Attorney Kim Han-young

Seoul High Court Decision 56Do18 delivered on March 11, 1953

We reverse the original judgment.

The case is remanded to Seoul High Court.

According to the reasoning of the judgment of the court below, the defendant's representative, Kim Young-young's ground of appeal on the ground that the non-party 2 acquired the right of lease on October 12, 4286 with respect to the property devolving upon the non-party 1, the former lessee, etc., and applied for legitimate lease on November 23, 4286, the defendant rejected the following application on the ground of non-party 1's non-party 2's non-party 2's non-party 1's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 1's non-party 2's non-party 2's non-party 1's non-party 2's non-party 2's non-party 3's non-party 1's non-party 2's non-party 3's non-party 1's non-party 2's non-party 2's non-party 3's non-party 2's non-party 2's non-party 2's non-party 2'.

According to the records of the court below, since the building site and the above ground building were originally leased from the defendant due to the defect of Han Jae-gu, etc. in the house from the defendant, and only the building site remains, the non-party, etc. shall transfer the building site to the defendant's assistant intervenor on October 12, 4286, and shall return the building site to the defendant to the defendant in order to rent the building, and although the defendant applied for the lease contract to the defendant accompanied by the return of the property in the name of the non-party, etc., the defendant shall not lease the vehicle to the defendant's assistant intervenor, and if the plaintiff, etc., the plaintiff et al., as the result of the plaintiff's appeal against this, the appellate court's rejection of the appeal against the plaintiff et al., recognized that the plaintiff's right to lease the building site was illegal, and the plaintiff's right to lease the building site was not legitimate, and the plaintiff's right to lease the building site is not unlawful, because the court below's rejection of the plaintiff's right to lease to the plaintiff's assistant, etc.

It is decided as per Disposition in accordance with Article 407 of the Civil Procedure Act.

Justices Kim Byung-ro (Presiding Justice)