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Main Issues
Retroactive Effect of the revocation of disposition of vested property
Summary of Judgment
Since the administrative act of selling property devolving upon the State is different from the general administrative act, it is reasonable to interpret that the cancellation of such administrative act takes effect retroactively at the time of the act.
[Reference Provisions]
Article 121 of the Civil Code, Article 3 of the Act on the Disposal of Property Belonging to Jurisdiction
Plaintiff-Appellee
Thai Industrial Company
Defendant-Appellant
Korea Industrial Corporation
Judgment of the lower court
Seoul High Court Decision 56No498 delivered on September 25, 1956, Seoul High Court Decision 2005Da1498 delivered on September 25, 2056
Reasons
In this case, according to the original judgment, it is reasonable to interpret that the cancellation of the sale contract between the Director General of the Seoul Special Metropolitan City and the Director General of the Seoul Special Metropolitan City, takes effect retroactively from the time of the act of general administration. In this case, according to the original judgment, the court below, after purchasing the vehicle from the Director General of the Seoul Special Metropolitan City, completed the procedure of ownership transfer registration, completed the registration of the establishment of a mortgage contract with the defendant Korea Development Bank, and subsequently completed the registration of ownership transfer registration, and the defendant from the Minister of Finance and Economy completed the registration of the establishment of the purchase contract between the defendant Korea Development Bank and the defendant Korea Development Bank, and the defendant from the Minister of Finance and Economy, the fact that the cancellation of the sale contract between the Director General of the Seoul Special Metropolitan City Government and the defendant Sung Industrial Corporation, the registration of the purchase contract between the Director General of the Korea Development Bank and the defendant Sung Industrial Co., Ltd. was revoked, and therefore, the registration of the acquisition of the right of the plaintiff's ownership can not be justified in light of the legal principles as to the acquisition of the right of the plaintiff.
Justices Kim Jong-il (Presiding Justice)