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(영문) 대법원 1962. 10. 4. 선고 62다541 판결

[부동산소유권이전등기][집10(4)민,013]

Main Issues

(1) In the event that the establishment of a real estate sales contract violates the law of experience;

Summary of Judgment

(1) In the event that the establishment of a real estate sales contract violates the law of experience;

[Reference Provisions]

Article 187 of the Civil Procedure Act

Plaintiff-Appellant

Fixed Salary Prize

Defendant-Appellee

Republic of Korea and one other

Judgment of the lower court

Seoul High Court Decision 62Na246 delivered on July 20, 1962, Seoul High Court Decision 62Na246 delivered on July 20, 196

Text

We reverse the original judgment.

The case shall be remanded to Seoul High Court.

Reasons

According to the reasoning of the appeal by the court below, we examine the plaintiff's wrong judgment. The court below rejected the plaintiff's main claim on the ground that the plaintiff's 0-year Kim Jong-sung's representative Kim Jong-sung's claim that the plaintiff lawfully purchased this real estate from 135,000 won of the price, and the court of the first instance and the court below's testimony on the 135,000 won of the real estate was difficult to believe and there is no other evidence to prove that the plaintiff's assertion was made by 1 and 2, and it can be acknowledged that the non-party Kim Jong-sung's representative's statement on the 10-year Kim Jong-tae's representative's 1 and 2-year Kim Jong-tae's statement on the above facts that the non-party Kim Jong-tae's representative's 1 and the court below's 10-year representative's statement on the 10-year representative's purchase price of the real estate could not be confirmed as the plaintiff's real estate purchase price.

For the above reasons, the appeal is with merit, and there is no reason to reverse the original judgment, and it is so decided as per Disposition by the assent of all Justices who participated in the original judgment in order to re-examine and judge the original judgment.

[Judgment of the Supreme Court (Presiding Judge) Nabap (Presiding Judge) Dog-Jak and Mag-Jak, the Mag-man, the Mag-man