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(영문) 대법원 1969. 9. 23. 선고 69다1217 판결

[건물철거][집17(3)민,117]

Main Issues

The other party's declaration of intention of revocation will take effect when it reaches the other party.

Summary of Judgment

The other party's declaration of intention of revocation will take effect when it reaches the other party.

[Reference Provisions]

Article 111(1) of the Civil Act

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Defendant

Judgment of the lower court

Seoul High Court Decision 68Na269 delivered on June 11, 1969

Text

The original judgment is reversed, and the case is remanded to the Panel Division of the Gwangju District Court.

Reasons

The grounds of appeal No. 2 by the Plaintiff’s attorney are examined.

According to the reasoning of the judgment, the court below revoked the above disposition of the non-party 1 on the ground that the non-party 2 and the non-party 3 succeeded to the above purchaser's status and paid the above price to the non-party 2 on March 2, 1964, the above disposition of the non-party 1 on the non-party 3's own land without any authority to cancel the above disposition of the non-party 1 on the ground that the non-party 2 purchased the above disposition of the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 2 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 4 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 2's own land.

Therefore, by the assent of all participating judges, the judgment of the court below is reversed, and the case is remanded to the Gwangju District Court Panel Division. It is so decided as per Disposition.

Judge Han-dong (Presiding Judge) of the Supreme Court