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(영문) 대법원 1964. 5. 26. 선고 63누162 판결
[행정처분취소,임대차계약존재확인][집12(1)행,047]
Main Issues

The validity of the sale disposition, if the administrative agency leases the site to a person who forged or submitted the seal and the certificate of return of property of the lessee of the site to which he/she belongs, and disposes of it;

Summary of Judgment

The reason for revocation is that the administrative agency's mistakes the person who submitted the original tenant's report on the return of the property in the name of the tenant with respect to the site to which the ownership belongs, and leases the above site and subsequent sales by recognizing the preferential purchase right is an infringement of the tenant's rights, and it cannot be said that the reason for revocation is an invalid disposition

Plaintiff-Appellant

An administrator of a non-resident second class shall be appointed to the court

Defendant-Appellee

Head of Seoul Central Office of Home Affairs (the Director of Seoul Central Office)

Judgment of the lower court

Seoul High Court Decision 62Gu244 delivered on September 5, 1963

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

We examine the Plaintiff’s ground of appeal.

The gist of the grounds of appeal Nos. 1, 2, 3, and 4 is that the act of the non-party is null and void, because the non-party 1, who is the public law or private law principle, forged the seals and documents of the plaintiff and submitted them to the defendant, and then the non-party 1 concluded a lease contract and the sale contract on the site for which the land belongs under the name of the plaintiff, but the non-party's disposal of the non-party is null and void. However, the court below's decision that the above sale disposition cannot be deemed null and void merely because it is an independent disposition from the lease contract and the sale of the non-party, although the non-party's disposal of the real estate can be deemed null and void, since the non-party 1's request for the above sale of the real estate is not a lessee's right to claim the cancellation of the above sale without the plaintiff's seal and document forgery, and the non-party's above sale of the real estate is no more effective and void because the court below's decision that the above sale of the non-party 9's sale of the above sale is invalid.

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

The judge of the Supreme Court (Presiding Judge) of the Red Round (Presiding Judge)

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