[입목인도][집15(3)민,410]
Cases of illegality, etc. which misleads the interpretation of the condition of suspension on a contract for the sale of standing timber;
The contents of permission for the disposal of the inspection property of the literature delivery minister shall be permitted to dispose of at least 15,00 square meters from among the three lots of ground standing trees owned by the temple with the condition that the sale price shall be determined as stated in the business plan submitted by the temple, and the sale price shall be determined as the highest price reasonable in consultation with the Superintendent of the Provincial Office of Education, and if the sale price exceeds 4,000 won for the re-party which is the estimated price stated in the original project plan, the sale price shall be separately prepared and used, and if the sale price exceeds 4,00 won for the first place, the sale price shall be separately approved by the Minister of Delivery, and if it is decided at the time of the actual completion of the registration, the sale price shall not be restricted to the disposal of standing timber after the joint name and the plan for disposal other than the original project plan shall not be deemed to be disposal for any purpose other than the purpose of the contract.
Article 147(1) of the Civil Act, Article 187 of the Civil Procedure Act
Plaintiff
Centrusium
Seoul High Court Decision 66Na125 delivered on April 25, 1967
The part against the defendant in the original judgment shall be reversed.
The case is remanded to the Gwangju High Court.
The defendant-appellant's ground of appeal No. 2 and No. 3 of this Act are examined.
According to the reasoning of the judgment below, the court below held that the plaintiff sold 1,244-1 forest 1,20-1 forest 1,244, 8, and 600,000 won as contract deposit to the Minister of Education for the purchase of all the transmitting trees in the speed of the preparation of the city project among the above 3 parcels of land owned by the defendant, 1960-1, 244, 8, and 45 times again, and paid 60,000 won as down payment, under a special contract to permit the disposal of the government office to suspend the disposal of the city project. If the disposal price falls below the original 45,00 won at the time of the actual disposal of the trees, the remaining 1,50,000 won as of the time of the sale and purchase of the trees at 1,50,000 won as of the time of the sale and sale of the trees at 40,000 won or more for the first five,000 won or more of the above forest 25,0,000 meters or more.
However, according to the evidence evidence Nos. 2 of the court below, if the defendant applied for permission to dispose of the inspection property of the literature delivery minister, which was September 21, 1964, was used as stated in the business plan, and the sale price exceeds the estimated price stipulated in the original business plan (gold 4 won), it shall be permitted to dispose of 15,000 cubic meters for the damage of the ship owner among the above three parcels above the 1,244-1, 8, 8, 84, and 3 lots above the defendant's ownership, which was the 195,00 square meters above the 15,000 square meters above the 19,000 square meters above the 196,000 square meters above the 196,000 square meters above the 196,000,0000 square meters above the 196,000,0000 won of the 196,000 won of the 196.
Therefore, the judgment of the court below which held that even if the condition of suspension stipulated in the contract of this case between the plaintiff and the defendant was not yet fulfilled, the contract of this case between the plaintiff and the defendant was naturally effective as a result of the fulfillment of the condition of suspension by the permission of disposition of the Minister for Delivery of the sentence of Sep. 21, 1964, the court below erred in the interpretation of the condition of suspension, and it is reasonable to hold that the other grounds for appeal are unlawful, and therefore, the judgment of the court below which does not require any decision as to the remaining grounds for appeal is reversed.
Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that part of the original judgment against the defendant is reversed and that the original judgment is to re-examine the defendant.
Supreme Court Judge Do-dong (Presiding Judge) Do-dong (Presiding Judge) Do-man Do-man Do-man