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Main Issues
Right to manage the vested forest
Summary of Judgment
Even if the right to manage the property devolving upon the State had been transferred to another Ministry before the enforcement of this Act, the right to manage the property devolving upon the State shall be deemed to have been transferred to the Minister of Finance and Economy due to the enforcement of the same Act, which shall not be an exception because the property devolving upon the State
Plaintiff-Appellee
Korean Commercial Codeors
Defendant-Appellant
The Director General of Seoul Metropolitan Government
Judgment of the lower court
Seoul High Court Decision 59Da18 delivered on December 29, 1959
Reasons
Although the jurisdiction over vested forest land is not limited to the Ministry of Agriculture and Forestry but it is clear by the documents drawn between the Ministry of Agriculture and Forestry and the Ministry of Finance, it is illegal to accept the Plaintiff’s claim under the view that the lower court erred by misapprehending the legal doctrine and the Ministry of Agriculture and Forestry to further control over vested forest land.
It seems that the right to manage property devolving upon substitution has been transferred to the Minister of Finance and Economy due to the enforcement of the Act on the Disposal of Property Belonging to Ownership. It is obvious that the above right to manage forest land may not be an exception to the forest land (short-term No. 50 Dong 4289, Oct. 18, 4290). Accordingly, the court below's decision that the defendant's right to manage forest land belongs to the defendant for the purpose of the short-term lease agreement of No. 28 years after the enforcement date of the Act on the Disposal of Property belonging to the defendant and the decision of the court below that the right to manage forest land belongs to the defendant for the purpose of the short-term lease agreement of No. 28 years after February 24, 428, and that the defendant's right to manage forest land belongs to the defendant for the purpose of the short-term lease agreement of No. 199, Dec. 19, 200).
Justices Gi-Dog (Presiding Justice) Dog-Jak (Presiding Justice)