If the State already becomes aware of the state property before the declaration of the concealed state property is made and exercises its right on such state property, the state property can not be regarded as a concealed state property at the time of the above declaration.

Unless the state has already known that state property is state property before it is reported as concealed state property and exercised its right to such state property, state property can not be considered as concealed state property at the time of the above declaration.

Article 6 of Addenda to the Enforcement Decree of the State Property Act

Lee Won-won

Korea

Busan District Court Decision 69Na279 delivered on September 2, 1969

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

As to the grounds of appeal by the Plaintiff’s attorney

The facts acknowledged by the court below are as follows. The land is originally owned by the state. The land is farmland and the land is distributed to the non-party 1 on April 27, 1959, and the non-party 1 sold it to the non-party 3 and completed the registration of ownership transfer after selling it to the non-party 3. Thus, the non-party 3 filed a lawsuit against the non-party 4 on the land on the premise of the ownership ownership of the land and won the decision at the court of first and second instances on December 24, 1964, but the non-party 3's former non-party 1 was distributed farmland distribution to the non-party 1 on the land at the time of the court of final appeal on December 24, 1964 as farmland distribution was void. Thus, the non-party 1 cannot be viewed as the plaintiff's sale of the land on the ground that the land was non-party 6's ownership transfer to the non-party 1 on the ground that the land was non-party 1 and the non-party 2.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

The judges of the Supreme Court (Presiding Judge)