logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1961. 10. 26. 선고 4294행상28 판결
[행정처분취소][집9행,029]
Main Issues

(a) Where the forest land to which belongs is leased to a person belonging to the same family;

(b) In cases where the property devolving upon the State is not sold or leased to another person, the right of a good manager to possess it with his/her political authority and fulfill the obligations of a good manager;

Summary of Judgment

(a) The family members of a Lessee of forest land shall not re-Lease the forest land to its original state;

B. If, at the time of possession in Japan, a person does not rent or sell to another person in the case of fulfilling his duty of good administrator after commencing possession with the title at the time of possession in Japan, the possessor has the right to interest in the property devolving upon which he had not leased or sold to another person.

[Reference Provisions]

Article 27 of the Reversion Property Disposal Act, Article 10 of the Reversion Property Disposal Act, Article 15(1) of the Reversion Property Disposal Act

Plaintiff-Appellee

Kim Yong-Nam

Defendant-Appellant

The Director General of Gyeonggi-do

Judgment of the lower court

Seoul High Court Decision 60Da18 delivered on February 1, 1961

Reasons

On the first ground for appeal

According to the facts established by the court below, since it is clear that the non-party Kim Jong-sung was the wife of the non-party West's territory, and that the non-party Kim Jong-sung was the wife of the non-party Western's territory on June 4, 4292, the non-party Kim Jong-dong-gun of 12 and 2 non-party 8 and the non-party 4 and the non-party 8 and the non-party 8 and the non-party 8 and the non-party 8 and the non-party 1 were the real estate other than the land belonging to Article 10 of the Act on the Disposal of Property to which the non-party 10 and the non-party 10 and the non-party 1 who belongs to the same family of the non-party Western's own family cannot re-let the forest and the non-party 1, who is the non-party 5 and the non-party 1, the judgment below acknowledged

On the second ground for appeal

Even if the property devolving upon the State becomes under the jurisdiction of the State at the same time as the Act on the Disposal of Property was enforced, in cases where the State-owned property was possessed at the beginning of possession and fulfilled its duties by a good administrator, the possessor is in the position of relative to lease or purchase the property devolving upon the State-owned Authority unless there is any special reason. According to the reasoning of the judgment below and the records of the case, the court below acknowledged the fact that the plaintiff paid rent after making the lease contract with the State-owned Land in 4279 and no evidence was found to recognize that the management of the forest devolving upon the State-owned Land was delegated to the Minister of Agriculture and Forestry, and that the forest was managed by entering into the lease contract with the State-owned Land as a subordinate administrative agency of the said Minister. However, according to the established facts of the judgment of the court below, the plaintiff continued to manage the forests and fields by the delegation of the State-owned Authority, which is the owner of the forest at a certain time after August 15, 200, and the plaintiff made efforts to prevent the sale of the forest and forest in order.

Justices Hong Ma-won (Presiding Justice)

arrow