The defendant shall implement the procedure for the registration of transfer of ownership due to the sale on January 29, 1968 with respect to the forest land specified in attached Table 3-A (B) of the attached Table to the plaintiff.

All the costs of lawsuit shall be borne by the defendant.

2. 피고 소송대리인은 피고는 소외 1을 2일간 감금하고 동인이 위 임야를 원고에게 금 6,000,000원에 매도하고 그 대금을 일시금으로 수수한 것 같은 허위의 매매계약서등을 작성하여 동인으로 하여금 강제 서명 날인케 하였으므로 위 매매계약은 가장행위이므로 무효이고, 설사 가장이 아니라 하더라도 강박 또는 사기에 인한 것이믐로 피고는 이를 취소한다고 주장하므로 살피건대, 원고와 소외 1간의 위 임야에 관한 매매계약이 위와 같은 경위로 작성되었다는 피고의 위 주장은 이에 부합되는 듯한 당심증인 소외 1의 증언부분은 위 갑 제7,8호증, 성립에 다툼이 없는 갑 제9,12,13호증(각 피의자 신문조서)의 각 기재 및 위 기록검증결과와 변론의 전취지에 비추어 믿을 수 없고 달리 이를 인정할만한 증거없으므로 피고의 위 주장은 실당하다.

3. In addition, even if the sales contract on the forest land was concluded between the plaintiff and the non-party 1, the above sales contract is invalid because the non-party 1 did not legally register the defendant's temple at the time. However, the above sales contract on the forest land between the plaintiff and the non-party 1 is lawful and the non-party 1 was registered as the chief of the defendant's temple's temple's temple's inspector's inspector's inspector's inspector's inspector's inspector's inspector's inspector's inspector's inspector's name and the above written statement was prepared and delivered. Thus, the above sales

4. In addition, when the defendant's legal representative intends to conduct a disposition such as conversion or sale of the temple property, he may enter into the contract only after the legitimate chief of the court filed an application for permission in advance and obtained the permission. In the above sale, the above disposal permission granted by the chief of the cultural work bulletin office on December 23, 1970 on the forest land is strict conditional permission such as the above sale permission, and thus the plaintiff's claim is unreasonable. Thus, the plaintiff's claim is asserted to be unfair. Thus, the above defendant's assertion that the sale under the condition that the disposal of the temple property should be permitted prior to the sale is valid as a sale under the condition that the disposal of the temple property is suspended. Since the permission on the disposal of the temple property by the competent agency under the Buddhist Property Management Act should be obtained prior to the sale is just a disposition counter to the disposition, and since the incidental contents such as the above approval stated in the permission should be borne in school rather than as to the conditions on the permission, the permission's disposal act is entirely cancelled, and the defendant's non-performance of obligation should be asserted.

5. Accordingly, the above sales contract between the plaintiff and the defendant on the forest of this case was concluded between the plaintiff and the non-party 1, who was not equipped with the qualification to represent the defendant, on January 29, 1968 as the condition of suspension of disposal of the property by the competent agency as of January 29, 1968, and the non-party 1 was registered as well as the defendant's legitimate representative after the completion of registration, and the fulfillment of the condition of suspension was considered as a condition of suspension upon the permission of the competent agency. Thus, the defendant is obligated to perform the procedure of registration of transfer of ownership due to the sale as of January 29, 1968 as to the forest of this case by the plaintiff. In other words, the plaintiff's claim for this is justified, and the judgment of the court below which differs from this conclusion is unfair, and the plaintiff's appeal is revoked, and the litigation costs are assessed against the defendant who has lost both the first and the second court.

[Attachment]

Judges Sick-man (Presiding Judge) Jink Tae-man