집행문부여의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for an additional determination as to the following matters in the part concerning “3.b. judgment” of the judgment of the first instance. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff asserts that the additional part of the plaintiff duly represented the defendant D in receiving the registration right certificate and the key of the defendant B 402, and even if there was no domestic right of representation, the plaintiff as the plaintiff has a justifiable reason to believe that the defendant B has the right of representation.
First of all, as to whether Defendant B had a legitimate authority to receive the registration certificate of No. 402 and the key to the present position on behalf of Defendant D, each of the descriptions of No. 4-1 and No. 4-2 and No. 3 are insufficient to recognize it, and there is no other evidence.
Then, the issue of whether the expression representation is constituted is examined.
On the other hand, the liability of expression representation under the Civil Act may be established in cases where the principal has indicated to another person the power of representation (Article 125 of the Civil Act), where the principal has performed a juristic act other than the power of representation (Article 126 of the Civil Act), or where the representative has performed a juristic act other than the power of representation (Article 129 of the Civil Act), and where the other party to the juristic act has believed to have the right of representation as legitimate to the other party
(It is unclear whether the plaintiff specifically asserts the responsibility of expression agency under the above Articles). However, as seen earlier, the conciliation clause 3.1 of this case
Paragraph (1) clearly provides that "Defendant D or a third party designated by him shall perform the procedure for ownership transfer registration of 1/2 shares of No. 402, and even if all the records and all the evidence of this case are integrated, Defendant D shall be granted the right of attorney to the defendant U to perform the above procedure for ownership transfer registration, or the defendant shall be given to the plaintiff.