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(영문) 대법원 1971. 10. 21. 선고 71다1277 판결

[소유권이전등기말소][집19(3)민,041]

Main Issues

Effect of constructive confessions

Summary of Judgment

The confession of an item on the agenda shall, after the date of pleading, become invalid due to the dispute between the parties on the date of pleading.

[Reference Provisions]

Article 139(1) of the Civil Procedure Act

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Defendant

Judgment of the lower court

Seoul High Court Decision 70Na3335 delivered on April 29, 1971, Seoul High Court Decision 70Na335 delivered on April 29, 1971

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

The grounds of appeal are examined.

With respect to No. 1:

However, if the registration of this case has been judged only as the presumption of theory, it is clear that the judgment of the original court and the judgment of the original court enter the substantive relationship and entered the substantive right relationship and judged its effect, and it has been obvious in the original judgment that there is no illegality in the lawsuit.

With respect to the second ground:

However, it is difficult to say that there is a theory illegality in the judgment that it is insufficient to find it as a false registration by combining the appraisal results of the non-party and other evidences rejected. There is no argument.

With respect to the third point:

However, it is difficult to say that there is a theory of illegality in the decision of the court below based on the view of party members (see Supreme Court Decision 68Da7378 delivered on June 28, 68, 68Da7378 delivered on June 28, 20

With respect to the fourth point:

However, the so-called constructive confession, which is viewed as a confession of the facts alleged by the other party because the party did not appear on the date for pleading, is different from that which the original confession cannot be removed without permission, and after that, the effect of the constructive confession can be deleted as a dispute over the date for pleading. According to the records, the defendant's agent can see the fact that he left the court below's 8th day of pleading on April 15, 100, and the plaintiff's assertion. In the same purport, the decision of the court below on the premise that the effect of the above constructive confession has ceased to exist is correct, and there is no argument.

The appeal is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

The judges of the Supreme Court (Presiding Judge) of the Red Round (Presiding Judge)