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(영문) 대법원 1971. 7. 29. 선고 71다1178 판결

[중도금반환등][집19(2)민,250]

Main Issues

The case holding that the sale of standing timber owned by a temple is nothing more than a sub-sub-substation meaning that "the sale price is deposited in a gold cooperative under a joint name with the head of the district office of education and the chief of the district office of education" among the sub-substations entered in a permit received from the literature delivery minister

Summary of Judgment

In selling the standing timber of the temple, the father who stated in the permit received from the Director General of the literature issuance that "the purchase price shall be deposited in a financial institution under the name of the principal and the chief of the university or the chief of the university or the chief of the university or the chief of the university or the chief of the university

[Reference Provisions]

Article 11(1)2 of the Buddhist Property Management Act, Article 11(2) of the Buddhist Property Management Act, Article 147 of the Civil Act

Plaintiff-Appellee

Kim Gi-ro

Defendant-Appellant

Commercial Codeors;

Judgment of the lower court

Seoul High Court Decision 70Na84 delivered on April 14, 1971

Text

The appeal shall be dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Judgment on the Defendant’s Grounds of Appeal (Nos. 1, 2 and 3)

According to the facts established by the original judgment, the plaintiff was merely from March 22, 1965 to the defendant (the non-party who was the owner of the non-party) to purchase at least 3,384 meters from 3,384,00,000 won from 120,000 won from 150,000 won from 3,320,000,000 won from 3,320,000,000 won from 3,00,000,000 won from 3,320,00,00,000 won from 3,00,00,00 won from 3,00,00,00 won from 3,00,00 won from 3,00,00,00 won from 3,00,00,000 won from 3,00,000,000 won from 3,000,000 won from 3,00.

Therefore, the appeal is dismissed as without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judge Yang Byung-ho (Presiding Judge)