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(영문) 대법원 1961. 11. 23. 선고 4293행상43 판결
[행정처분취소][집9행,066]
Main Issues

(a) Ability of the persons concerned in the lodging association, university, scholarship council, etc.;

(b) Where a person who has concluded a sales contract for the real estate devolving upon the qualification of director of a non-corporate association leases the real estate devolving upon the personal name before the lease is made, and dual possession;

Summary of Judgment

If an unincorporated association does not correspond to a legal entity as referred to in this Article and Article 24 of this Act and the property devolving upon the name of an unincorporated association or foundation was leased or rejected under the law, it shall be deemed that an individual, expressed as the representative of the unincorporated association or foundation, has leased or rejected the property devolving upon the name of the individual. Thus, if a person, who is the representative of the unincorporated association, has already leased or rejected the property devolving upon the name of the individual, the property devolving upon the name of the non-corporate association constitutes a dual possession under Article 11 of this Act even if he was not an individual but a representative of the said non-corporate association, and the other property devolving upon the name of the association was not attributed to the other.

[Reference Provisions]

Article 47 of the Civil Procedure Act, Article 3 of the Act on the Disposal of Property Belonging to Title, Article 12 of the Act on the Disposal of Property Belonging to Title

Plaintiff-Appellee

The University Scholarship for the Disabled and the Disabled.

Defendant-Appellant

The Director General of the Seoul Metropolitan Government

Intervenor joining the Defendant

Park Byung-Jin's Order

Judgment of the lower court

Seoul High Court Decision 59Da135 delivered on June 22, 1960

Reasons

First of all, if the defendant and his assistant intervenor reviewed the grounds of appeal before the principal proposal, the judgment of the court below that the plaintiff scholarship association is a non-corporate association that meets the requirements of Article 47 of the Civil Procedure Act and has the ability to be a party, is justified, and since the plaintiff scholarship association cannot be deemed to have the ability to be a party in a specific legal relationship, the plaintiff scholarship association cannot be deemed to have the ability to be a

Then, the court below reviewed the grounds of appeal on the merits of the defendant and his assistant intervenor, on the premise that the non-corporate association or property devolving upon it is capable of acquiring property devolving upon it pursuant to Article 3 of the Act on the Disposal of Property Belonging to the plaintiff Scholarship, recognized that the non-corporate association and the non-party 1's act of the non-party 2's act of the non-party 3's act of the non-party 4's act of the non-party 1's act of the plaintiff Scholarship with the defendant can be regarded as the act of acting for the chairperson of the plaintiff Scholarship Association, under the premise that the non-corporate 3's act of the non-corporate 1's act of the non-corporate 5's act of the non-corporate 1's act of the non-party 4's act of the non-party 2's act of the non-party 1's act of the non-party 1's act of the non-party 4's temporary use of real estate after the plaintiff Scholarship was legitimate.

However, as pointed out in the paper, according to Articles 3 and 24 of the Act on the Disposal of Property Belonging to Jurisdiction, the property devolving upon the State is sold or leased to a national or corporation of the Republic of Korea, and an unincorporated association such as the Plaintiff Scholarship Association cannot be a juristic person referred to in the provisions of the U.S. Act, and if a non-juristic person, a non-juristic person, or foundation, leases or is in default of the property devolving upon the State, it shall be deemed that the representative was an individual under the law.

Therefore, since the real estate sales contract of this case claimed by the Plaintiff Scholarship Association is deemed to have been concluded by the individual of the non-party Park Jong-dong, Yongsan-gu, Seoul Special Metropolitan City on May 19, 4286, which was the transfer of the lease contract of this case, was finalized in the court below, since the fact that the non-party Park Jong-dong, Yongsan-gu, Seoul Special Metropolitan City on May 19, 4286 leased the 108 location of the 108 location, which is the transfer of the lease contract of this case was confirmed by the court below, it shall be deemed as a dual possession under the Act on the Disposal of Property Belonging to

Justices Yang Sung-sung (Presiding Justice)

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