[소유권이전등기][집17(1)민,067]
where the adopted evidence may be revoked;
Even if a witness does not prepay the expenses of the witness, the party may cancel the adoption of the evidence, if the only method of proof against the alleged facts, but the party does not prepay the expenses of the witness.
Articles 106 and 263 of the Civil Procedure Act
[Judgment of the court below]
Attorney Song-jin, Counsel for the defendant-appellant in Ulsan-si
Daegu High Court Decision 67Na628 delivered on October 4, 1968
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
Judgment on the ground of appeal by the plaintiff's agent and the ground of appeal by the plaintiff
There is no violation of the rules of evidence in the original judgment's evidence preparation and fact-finding, and there is no illegality in violation of the rules of evidence in the original judgment, and there is no reason to criticize the legitimate fact-finding in the original judgment, unlike the original judgment.
Judgment on the second ground for the same reason.
In light of the record, the court below did not examine the non-party witness at the date of the first pleading on July 18, 1968 and notified the date of examination of the evidence as the date of the first hearing on August 22, 1968. The court below failed to make an investigation of evidence on the designated date because the plaintiff's agent did not take the summons procedure of the above witness's travel expenses and failed to examine evidence on the designated date although the plaintiff's agent neglected to take two or more times from the court below's hearing to demand the prepayment of the above expenses, the court below neglected the above evidence at the fourth hearing date of September 18, 1968 and closed the pleading without examining the above witness. Thus, even if the above witness's agent should be the only method of pleading as to the facts alleged in the lawsuit like the theory, the court below's above disposition is just and without merit.
Therefore, the appeal is without merit, and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.
Justices of the Supreme Court (Presiding Judge) Kimchi-bi (Presiding Judge)