[토지및건물이전등기말소][집10(4)민,078]
Cases of misunderstanding the provisions of Article 607(608) of the Civil Act
Although the market price of the object at the time of the conclusion of the collateral contract exceeds the principal and interest of the loan, the determination that such contract is justifiable is erroneous in misunderstanding the provisions of Article 607, Article 608 of the Civil Code.
Articles 607 and 608 of the Civil Act
D. D.S.T.
Park Young-hwan
Cheongju area in the first instance, Seoul High Court Decision 61No517 delivered on April 26, 1962
The original judgment shall be reversed.
This case is remanded to the Seoul High Court.
The grounds of appeal by the Plaintiff’s attorney are the same as the statement of the grounds of appeal.
As of August 29, 1960, the Plaintiff asserted that the price of the object of this case as of August 29, 1960 was reasonable for 2.5 million won (or 500,000 won) of the above collateral price, the lower court erred by misapprehending the legal principles as to the above 10-year trust agreement between the Plaintiff and the 10-year trust agreement as of August 7, 196, since the lower court did not have any dispute over the authenticity of No. 1, No. 2, No. 3, and No. 1, No. 4, and No. 9, No. 7, and No. 9, No. 1, which were the witness stand 600,000,000 won of the above collateral price as of August 7, 1960, the lower court determined that no more than 1,600,0000 won of the above collateral price was 80,000,0000 won of the above collateral market price.
The judge of the Supreme Court (Presiding Judge) Mag-Mag-man (Presiding Judge) Mag-Mag-Mag-ri, the Mag-Mag-ri,