[근저당권설정등기말소][공1982.6.15.(682),495]
This example is difficult to recognize the granting of power of representation.
The plaintiff issued only a certificate of seal impression of "for residential movement" to the non-party who is the real estate agent, and requested the mediation of real estate sale. If the plaintiff's seal impression was received by the above non-party by fraudulent means, it is difficult to view that the plaintiff granted the right to purchase and sell or take other disposition to the non-party. Unless there is a basic power of attorney, it is not possible to establish an expression agent for
Articles 114 and 126 of the Civil Act
Supreme Court Decision 69Da2011 Delivered on February 24, 1970
Attorney Park Chang-sung et al., Counsel for the defendant-appellant
Attorney Shin Young-ju, Counsel for the defendant-appellant
Seoul High Court Decision 80Na415 delivered on January 13, 1981
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
The defendant's attorney's grounds of appeal are examined.
According to the reasoning of the judgment below, the court below rejected the plaintiff's assertion that the non-party 1 was entitled to purchase the above real estate as collateral and requested the non-party 1 to purchase it from the non-party 26 of the same month, because the non-party 1 had no authority to purchase it from the non-party 1 because the non-party 1 had no authority to purchase it from the non-party 26 of the same month, and it was necessary to send two copies of the certificate of the non-party 1's personal seal impression to the non-party 3, the non-party 1 had no authority to purchase it from the non-party 1 to the non-party 9's office's office's non-party 2's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 2's non-party 2's non-party 1's non-party 2's non-party 1's.
Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.
Justices Kang Jong-young (Presiding Justice)