[근저당권설정등기말소][집16(3)민,235]
Practice recognized as an expression agency;
There is a justifiable reason to believe that Gap has the authority to conclude the mortgage contract on behalf of the owner of real estate, unless there is a special reason to believe that he/she has the right documents, certificates of personal seal impression, and certificates of personal seal impression as his/her agent.
Article 126 of the Civil Act, Article 123 of the Civil Act
Detailed Regulations
Rule
Seoul High Court Decision 67Na669 delivered on April 19, 1968, Seoul High Court Decision 67Na669 delivered on April 19, 1968
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
The Plaintiff’s attorney’s ground of appeal is examined.
According to the original judgment, the court below held that 24 square meters of the site at issue in this case was owned by the plaintiff, and that the registration of establishment of a mortgage was completed on the part of the defendant under the name of the non-party 1, and that the defendant awarded a successful bid as a result of the execution of the right to collateral security, and that the plaintiff sold 16 square meters of 24 square meters of the above site to non-party 1 and transferred ownership in installments to the non-party 1, the plaintiff was entrusted with the procedure for registration of division of the site at around November 1964 to the non-party 1, and issued the above rights documents and the plaintiff's seal impression certificate to the non-party 1, as long as it was difficult for the non-party 1 to obtain the construction permit on the above site due to the conflict with the urban planning, and that the non-party 1 was not entitled to receive the above construction permit on the above site, and that the plaintiff's right to the above site and the plaintiff's personal seal impression were not established on the ground of the plaintiff 1 and the defendant.
Therefore, the appeal is dismissed as without merit. The costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.
The presiding judge of the Supreme Court (Presiding Judge) of the Red Marins (Presiding Justice)