[소유권이전등기말소등청구사건][고집1971민,8]
In the expression agent of the month of competence, justifiable grounds that the other party believe that he/she has such authority.
When there is a justifiable reason to believe that a third party has the right of representation means an objective circumstance sufficient to cause the idea that the third party has the right to engage in the transaction on behalf of the principal, and that the existence of such circumstance refers to bom in his act or omission, such as in this case, it is not sufficient to say that there is a reason to believe that the third party has the right to engage in the act of disposal, unless there are circumstances that believe that the third party has the right to engage in the act of disposal, even though it was caused by the plaintiff's act, unless there is a reason to believe that the third party has the right to engage in the act of disposal.
Article 126 of the Civil Act
[Plaintiff-Appellee] 4286No215 decided Mar. 16, 1954 (Supreme Court Decision 5549 decided Mar. 16, 195; Decision No. 126(2)245 of the Civil Act)
Plaintiff
Defendant 1 and one other
Busan District Court (69Da4260)
The appeal by the defendant, etc. is dismissed.
Expenses for appeal shall be borne by the defendant, etc.
As to the plaintiff, the defendant 1 completed the procedure for cancellation of the registration of the establishment of a mortgage on the ground of a contract for the establishment of a mortgage on May 10, 1969, which was received on May 10, 1969 by Busan District Court of Dong, Busan District Court No. 13467, May 10, 1969; the defendant 2 completed the procedure for cancellation of the registration of the establishment of a mortgage on the ground of a contract for the establishment of a mortgage on May 10, 1969, which was received on May 10, 1969.
Litigation costs shall be borne by the defendant, etc.
The judgment of the court below shall be revoked.
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff through the first and second trials.
The fact that each registration of the purport of this claim has been made with respect to this real estate is without dispute between the parties. Considering that there is no dispute between the parties, it is sufficient to establish the building site and the building attached to the evidence Nos. 3,45,6 to the court below's records, the non-party Nos. 1 and the plaintiff, the non-party Nos. 1, 1969, tried to ensure that the above non-party's house newly constructed on the building site should be registered together with the building site, and the above non-party Nos. 1, 1969 should be provided with money to others by taking the above non-party No. 3 and seal No. 4 as security, and it is not consistent with the purport that the non-party No. 2's signature No. 1, 250, 200, 200, 300, 300, 300, 200, 200, 30,000, 1,00.
However, the defendant et al.'s attorney stated that each registration of the above registration in the name of the defendant et al. was made for the loan for consumption of 150,00 won by the plaintiff's consent, and that the right of representation has been returned to the plaintiff by the plaintiff and the non-party 1's consent at the first instance trial, the creation of a security right is null and void through the non-party 1 as well as the non-party 1's agent in the plaintiff's name as long as the non-party 1 delivered the certificate or seal for the purpose of preserving the plaintiff's name and establishing a security right, the non-party 1 was authorized to do so within the extent of the non-party 1's own authority to believe that the non-party 1 was not authorized to do so, and that the defendant et al.'s agent's right to do so was established for the purpose of the non-party 1's act without any justifiable reason and at least 10,000,000 won's own authority to do so.
Therefore, the plaintiff's claim for the execution of the procedure for cancellation registration against the defendant, etc. on the premise that the cause is null and void, shall be accepted on the ground that the plaintiff's claim for the cancellation registration of each of the above registrations will be justified, and since the original judgment is justified with the same opinion, the party member is decided as per Disposition by applying Articles 384, 95 and 89
[Attachment List omitted]
Judges Choi Hon-ro (Presiding Judge)