[소유권이전등기말소][집20(3)민,229]
It is an example that there is an error of law in the incomplete hearing due to the non-exercise of the right to ask for lighting.
It is an example that there is an error of law in the incomplete hearing due to the non-exercise of the right to ask for lighting.
Article 126 of the Civil Procedure Act
Plaintiff ○○ (Attorney Kim Ho-young, Counsel for the plaintiff-appellant)
Defendant 1 and seven others
Daegu District Court Decision 72Na61 delivered on October 17, 1972
We reverse the original judgment.
The case shall be remanded to the Daegu District Court Panel Division.
The Plaintiff’s attorney’s grounds of appeal are examined.
Upon examining the records of this case, △△△△△△△△ and the administrator of the above absentee shall be deemed to be an absentee △△△△△△△△, in the party indication of the complaint, and △△△△△△△, as of May 16, 1965 and on the ground that ○○○○ succeeded to the property of the deceased △△△△△△△△△△△, on the ground that the party indication was applied for correction of the party indication, and on the ground that ○○○ succeeded to the property of the deceased ○○○○○, △△△△△△△△△△△△△, on the ground that there was no fact that △△△△△△ was the deceased △△△△△△△△, and that △△△△△△ was the deceased ○○, and that ○○ was the deceased ○○, and that ○○, on the ground that the above argument was not the purport of withdrawing the application for correction of party indication (refer to the record 373).
Therefore, it is so decided as per Disposition by the assent of all participating Justices.
[Judgment of the Supreme Court (Presiding Judge) Nabri-dong and Dobri-Jaking Hanwon