Gwangju District Court support-2012-Ban-20199 ( November 06, 2012)

As long as the initial registration is a registration of invalidation of the cause by the evasion of the law, the registration of ownership transfer based on it shall also become void.

An act of acquiring State property under the name of another person by an employee engaged in the affairs concerning State property shall be null and void as an evasion of law, and an act of acquiring State property by a third party shall also be null and void, unless the same Act provides for the restriction on the other party entitled to assert the invalidation in order to protect the safety of transaction, etc.

The period of acquisition of ownership of real estate due to possession of Article 245 of the Civil Act on the Restriction of Acts by employees under Article 7 of the Gu State Property

Gwangju District Court-2012-Na-51697 ( October 27, 2013)

Korea

Red00

Gwangju District Court Magpo-2012-Ga-20199 ( November 09, 2012)

13.03.13

2013.27

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

As to the real estate stated in the attached list to the Plaintiff, the Defendant shall provide the Plaintiff with 00 district court 00 branch court 2 February 1988.

27.To comply with the procedures for registration of cancellation of ownership transfer registration completed under No. 4690.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. The plaintiff's assertion

The real estate listed in the attached list (hereinafter referred to as the "land of this case") shall be the kind of affairs concerning the state property.

purchase contract by misappropriation or borrowing the name of the last person by 00, which has been engaged in the business;

Since it was concluded, it is necessary to automatically invalidate in violation of Article 7 of the former State Property Act, which is a mandatory law.

In addition, the registration of transfer of ownership completed under the name of the defendant is also invalid without any cause.

2. Facts of recognition;

A. The instant land is a State-owned land under Article 5 of the Addenda of the former Act on Special Measures for the Disposal of Property Belonging to the State (amended by Act No. 1455 of Nov. 30, 1963).

나. 이00는 1971. 11. 20.경부터 1985. 9.경까지 00세무서, ◆◆세무서, ◎◎세무서, 00지방국세청에서 국유재산의 관리・매각 사무를 담당하였다.

C. This 00 completed the registration of ownership transfer with respect to each land listed in Section 1, 2, and 3 of Schedule Nos. 1, 2, and 3 with respect to each land listed in Schedule Nos. 1, 2, and 3, 00 District Court Decision 6252 dated May 28, 197, which was received as 6252 dated 28, 1972, under the last 00 name for sale.

With respect to the land listed in attached list No. 4, 00 District Court 00 Branch 00 Branch 6422 dated June 3, 1997, and 1972, 28 December 28, 190, the registration of transfer of ownership is completed.

D. As to the instant land, the Defendant completed the registration of ownership transfer based on a successful bid on February 8, 1988, 00 district court 00 00 branch court 00 branch court 14690 dated February 27, 198.

E. This0 is invalid when an employee engaged in the affairs related to state property enters into a sales contract under the name of another person, and even with the knowledge of this, he purchased the land of state property including the land in this case under the name of a family member or a branch, acquired it by deceiving the amount equivalent to the resale price, and was convicted on charges of forging the document in the process, for instance, the case was prosecuted for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), Act No. 94No228, July 1, 1994, and the appeal of 00 was dismissed on October 21, 1994.

(f) The provisions of the legislation relating to the instant case are as follows:

【former State Property Act (amended by Act No. 2950, Dec. 31, 1976; hereinafter the same)】

Article 7 (Restrictions on Activities of Personnel)

(1) No staff member engaged in the affairs concerning State property shall acquire by transfer the State property in his/her possession or exchange it with things in his/her possession: Provided, That this shall not apply where he/she obtains permission from the competent Minister.

(2) Any act violating the preceding paragraph shall be null and void.

【Recognizing facts without any rhym, entry of evidence A1 to 6, the purport of the whole pleadings, and the purport of the whole pleadings

3. Determination

In accordance with the legislative intent of Article 7 of the former State Property Act, in order to promote fairness in the affairs of disposal of State property, Article 7 of the same Act prohibits employees engaged in the relevant affairs from strictly pointing out the most conspicuous act suspected of being committed by such unlawful act, and to invalidate the judicial effect of the prohibited act in violation of the prohibition.

The act of an employee in charge of the affairs concerning state property, and the act of acquiring state property in the name of another person shall be null and void as an evasion of law in order to cause damage to the application of the provisions of the same Act, which are mandatory laws, and in addition, the same Act does not have a provision that restricts the other party who can assert the invalidation in order to protect the transaction safety, etc., the invalidation may, in principle, be asserted against the other party. Thus, the act of acquiring state property acquired in violation of the said provision by a third party is also null and void (see Supreme Court Decision 96Da43799 delivered on May 16, 197).

According to the health stand and the above facts of recognition in this case, each sales contract concluded between this 00 and the plaintiff with respect to the land of this case, which was engaged in the affairs of state property, in the name of 00, shall be null and void. Furthermore, since the defendant who acquired the land of this case shall be deemed null and void as well, the defendant shall have the obligation to complete the procedure for cancellation registration of ownership transfer registration completed under No. 4690 on February 27, 198 with respect to the real estate listed in the separate sheet.

4. Determination

Therefore, the plaintiff's claim against the defendant shall be accepted on the ground of its reasoning, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.