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(영문) 대법원 1971. 2. 20.자 71스2 결정

[후견인해임][집19(1)민,082]

Main Issues

Even if a resolution of the family council with grounds for revocation is made, the act of a guardian who sells a family unit pursuant to such resolution shall not be deemed to constitute grounds for dismissal of a guardian pursuant to Article 940 of the Civil Act.

Summary of Judgment

Even if a resolution of the family council with a ground for revocation is made, the act of a guardian who has sold a family council to the extent that it exists without being revoked shall not constitute a ground for dismissal of a guardian under this Article.

[Reference Provisions]

Articles 940 and 950 of the Civil Act

Re-appellant

A

United States of America

Daejeon District Court Decision 70BB2 delivered on December 23, 1970

Text

The reappeal is dismissed.

Reasons

The grounds of reappeal are examined as follows:

In summary, the decision of the court below is justified in finding that the other party to the case, who is the guardian, has received the family council's resolution established without the court's notice on the land and the above ground buildings of Cheongju City, which is the ward B, when the minor who is the ward, sells the land and the building D, and therefore, even if the above guardian neglected the above guardian's care or management, the court below rejected the application for dismissal of the guardian. However, upon examining the original decision and records, the court below's decision that the above nine members of Cheongju District Court, upon the above guardian's request of the guardian, attended five members of the family council at the original time and at the original time at the meeting of Cheongju District Court, and consented to the above guardian's act of selling the building on behalf of the guardian. Thus, since the above notice of convening the family council was not given to other family members, it cannot be deemed that the above act of cancelling the above decision was a ground for revocation, and even if there was no reason for such revocation, the court's dismissal of the guardian's above act cannot be recognized as a reason for dismissal.

Therefore, the reappeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating judges.

Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng