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(영문) 대법원 1960. 9. 15. 선고 4291민상492 판결
[임야소유권이전등기말소][집8민,136]
Main Issues

(a) Enforcement of the Constitution and Decree of the Inspection;

(b) Compulsory auction on the inspection property without permission from the competent Minister for disposal; and

Summary of Judgment

The Order of Inspection, which was enacted and implemented at the Japanese colonial rule, has not been enforced after the promulgation of the Constitution of the Republic of Korea, and the Order does not bar the inspection of the Korean Peninsula and the religious activities of the Korean people in the Korean Peninsula, which was a Japanese colonial rule, or give privileges to the inspection, so it is not recognized that it goes against the spirit of the Constitution, and therefore the Order continues to remain in force.

[Reference Provisions]

Article 5 of the Inspection Decree

Plaintiff-Appellant

Cywing cancer;

Defendant-Appellee

Kim Jong-sik

Judgment of the lower court

Daegu District Court Decision 58No95 decided May 23, 1958

Reasons

Although the Republic of Korea has discussed the respect and abolition of the Order of Inspection after an independent inspection, even though the Order of Inspection was enacted in the form of the Decree at the time of the inspection, the Act was not implemented independently after the removal of the Republic of Korea, and one of the above Decree was not the purport of granting privileges to inspection of the temple located in the Korean Peninsula or the Korean people's religious activities, or contrary thereto, it was not the purpose of granting privileges to inspection, but it was stipulated in the principle of the inspection administration and the working rules on the management and disposition of inspection of inspection property in the historical origin formed by inspection property, and it is not recognized that the above legislation purpose was not to promote the spirit of the Constitution of the Republic of Korea, so it would continue to exist after the execution of the above Constitution, and Article 5 of the Decree of the Inspection was not effective after the sale of the property belonging to the inspection and other property belonging to the inspection without obtaining the ownership of the competent Minister in accordance with the Ordinance of the Republic of Korea, and therefore, it is impossible for the court below to interpret that it was invalid or void as an unlawful disposition of inspection.

Justices Go Jae-ho (Presiding Justice)

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