[입목소유권확인][집10(4)민,111]
The examples recognizing a wrong trend of ownership of standing timber by failing to make a judgment on documentary evidence;
On March 20, 1953, in a case where Gap does not pay 53,00 won for standing timber up to April 20 of that year, the special agreement provides that the ownership of standing timber shall be waived, and if 3.21, which is the following day, Gap paid 50,00 won for standing timber, the remaining amount of 3,000 won shall not be repaid until April 20 of that year, which is the validity of the special agreement, and it is against the rule of experience in trade to regard Gap as a waiver of ownership of the whole standing timber.
Article 393 of the Civil Procedure Act, Article 422(1)9 of the Civil Procedure Act
Han Sung-soo
Kim Weather
Seoul High Court Decision 62Na62 delivered on May 2, 1962
The original judgment shall be reversed and the case shall be remanded to the Gwangju High Court.
The grounds of appeal No. 1 of this title, such as the first ground for appeal of this title, are examined.
The judgment of the court below, which states that the defendant acquired ownership of the standing timber of this case, shall be extended to 53,00 won on several occasions due to the failure to pay the remainder of the standing timber of this case to the defendant on the date of payment, and the defendant shall refuse to pay the remainder of the standing timber of this case on March 20, 1959, and the defendant shall not pay the remainder of the standing timber of this case until April 20 of this year, despite the special agreement on the waiver of this case, if the defendant's ownership of the standing timber of this case was not paid until April 20 of this year, it constitutes evidence that the defendant will return the remainder of this case to the defendant on the 20th day after the above 30th day after the conclusion of the judgment of the court below. However, according to the Gap evidence No. 3 (Receipt) which the defendant acknowledged the authenticity of its establishment, the defendant shall not have a special agreement on the remaining part of the plaintiff's standing timber of this case on the 30th day after the 30th day after the conclusion of this judgment.
Supreme Court Judge Lee Young-chul(Presiding Judge) (Presiding Judge) Dog-Jak and Mag-Jak, Kim Ho-soon, Mag-man, Manb