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(영문) 대법원 1963. 2. 14. 선고 62누229 판결
[행정처분(임대차계약)취소][집11(1)행,052]
Main Issues

Property management rights for the property owned by a domestic corporation in the case of a Gun;

Summary of Judgment

The proviso of Article 2 (1) of the Act on the Disposal of Property for Reversion stipulates that farmland shall be dealt with by the Farmland Reform Act: Provided, That this Article stipulates that this shall not apply to farmland which is actually a site for a building, which is determined as a site by the market district plan, and which is determined as a site by the market district plan, and which is necessary for the operation of an enterprise. The so-called "the Enforcement Decree is determined as a site by the market district plan" means the public notice as prescribed in Articles 2 and 3 of the Decree on the Market of Shipbuilding and the public notice as prescribed in Article 9 of the Decree on the Improvement of Land for Maritime Affairs (Article 43 of the Decree on the Landscaping), after the public notice as prescribed in Article 2 and Article 3 of the Decree on the Land Expropriation of Shipbuilding and the public notice as prescribed in Article 9

[Reference Provisions]

Article 2 (3) of the Act on the Disposal of Property Belonging to Jurisdiction

Plaintiff-Appellee

New Afforestation Corporation

Defendant-Appellant

The Director General of Incheon Government

Judgment of the lower court

Seoul High Court Decision 61Do22 delivered on October 23, 1962

Text

The judgment of the court below is reversed.

The case shall be remanded to Seoul High Court.

Reasons

The grounds of appeal by the defendant litigation performer are as shown in the attached Table.

As to the third ground for appeal

According to the facts established by the original decision, this case's forest land is owned by a domestic shipbuilding corporation, which is a domestic corporation. The defendant's lease or non-furnal disposition without any authority to a third party on December 30, 1957 is null and void. The plaintiff was appointed as an administrator of the above non-party company from the Gyeonggi-do branch, which was the management office at March 10, 1948, and the defendant succeeded to the status of the branch office of Gyeonggi-do, which was appointed as an administrator at the same time as of December 19, 1949, and the plaintiff has no change in the status as a manager of the forest land, so it is reasonable for the plaintiff to seek confirmation of invalidity of the above administrative disposition. Thus, the court below's decision that was established in Korea prior to August 9, 1945, and its shares or non-furnal disposition belongs to the country, and the right to manage shares or non-furnal shares belongs to the non-party corporation's domestic law without the assent of the court below's decision.

Justices of the Supreme Court (Presiding Judge) Lee Jin-chul (Presiding Judge)

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