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(영문) 대법원 1955. 1. 7. 선고 4287행상52 판결
[행정처분취소][집1(9)행,011]
Main Issues

(a) Grounds for disqualification and relationship between property devolvingd;

(b) Preflexivity of the grounds for disqualification;

Summary of Judgment

(a) A person who was killed or wounded at the time of the Korean War shall not be entitled to lease any property devolving upon the State;

B. It is erroneous for the husband to cancel the lease contract with the wife on the ground that her husband's death was not caused.

[Reference Provisions]

Articles 15 and 29 of the Act on the Disposal of Property Belonging to Jurisdiction

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

Administrator of the Office of Secretary

Intervenor joining the Defendant

Defendant’s Intervenor (Attorney Lee Jae-soo et al., Counsel for the defendant-appellant)

The court below

Seoul High Court Decision 54Do22 delivered on July 14, 1954

Text

The main body is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal by the defendant's representative and the defendant's defendant's non-party 1 stated the following facts: the non-party 2's non-party 3's non-party 2's non-party 2's non-party 2's non-party 3's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 3's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 3's non-party 2's non-party 2's non-party 2's non-party 3's non-party 2's non-party 3's non-party 2's non-party 3's non-party 2's non-party 2's non-party 3's non-party 3's non-party 2's non-party 3's non-party 2's non-party 2's non-party 2's witness.

The judgment of the court below was rendered on October 19, 4286 that the plaintiff leased real estate from the Director General of Government-General in Seoul Special Metropolitan City on the short-term 4, 4286 and that the defendant revoked the electrical lease disposition against the plaintiff and decided to rent the vehicle to the defendant's assistant intervenor. The court below's judgment became final and conclusive. The defendant revoked the lease disposition on the ground that the plaintiff's refusal to work as a clerk of the same People's Committee at the time of June 25, 200, because the defendant recognized the fact that the plaintiff's refusal to work as a clerk of the same People's Committee was not the same person for about 15 days at the time of June 25, 200, and the plaintiff's refusal of the idea of the deceased's deceased father's idea cannot serve as a reason for revoking the lease disposition against the plaintiff, and therefore, the judgment of the court below ordering the cancellation of the lease disposition on the other grounds of appeal is dismissed. It is so decided as per Disposition by Article 401 and

Justices Kim Byung-ro (Presiding Justice)

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