전세권설정등기말소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant adds the following judgments as to the contents asserted in the court of first instance. Thus, this is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The defendant's assertion that the plaintiff confirmed the act of unauthorized Representation C because he did not file a complaint for a considerable period of time after being aware that the plaintiff had completed the registration of the establishment of the right to lease on a deposit basis.
B. With respect to the act of representation with no legal authority, the principal has left it up for a long time without raising any objection that it has no legal effect, or failed to file a criminal complaint.
In fact, it cannot be viewed that the act of unauthorized representation was ratified only by that fact.
(See Supreme Court Decisions 88Meu181 delivered on March 27, 1990 and Supreme Court Decision 97Da31113 delivered on February 10, 1998, etc.).
Judgment
In light of the above legal principles, the defendant's assertion alone cannot be deemed as ratified by the plaintiff's act of unauthorized representation. Therefore, the above argument is without merit.
3. In conclusion, the judgment of the first instance is just, and the defendant's appeal is dismissed.