Main Issues

The case where the court below erred in the misapprehension of legal principles as to the assertion of representation by expression in Article 126 of the Civil Code and the point of representation by expression in Article 125 of the same Act.

Summary of Judgment

In a case where a creditor who has been issued with a power of delegation of authority to implement a certificate of his personal seal impression and transfer registration procedure for the real estate owned by the debtor and a person who has entered into a sales contract for the real estate claimed that the act of sale was an expression agent for the creditor, it shall be interpreted only as an expression agent under Article 126 of this Act, and there is no examination and determination as to the representation under Article 126 of this Act in order to facilitate disposal of the certificate of his/her own

[Reference Provisions]

Articles 125 and 126 of the Civil Act

Plaintiff-Appellant

G. H. H.D.

Defendant-Appellee

Republic of Korea and one other

Judgment of the lower court

Seoul District Court Decision 62Na755 delivered on March 12, 1963

Text

We reverse the original judgment.

Reasons

According to the court below's decision on the plaintiff's grounds of appeal and the defendant's answer, the court below held that the plaintiff's representative's right to the above real estate was not granted to the plaintiff's 1,2,3 (Certificate of Seal Imprint) and the witness's testimony on the 1,000 No. 4 and 50,000 won per month from the 1959 No. 1959.8.28, and that the defendant's representative right to the above real estate was not given to the plaintiff's 1,000 representative's representative right to the above 6th anniversary of the above 6th anniversary of the above 6th anniversary of the above 6th anniversary of the above 6th anniversary of the above 1,000 representative's opinion, and that the above 1,000 representative's representative right to the above 6th anniversary of the above 6th anniversary of the above 6th anniversary of the above 1's representative right to the above 1,000 representative's own right to the above 6th.