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(영문) 대법원 1959. 7. 2. 선고 4291민상353 판결

[부동산소유권확인][집7민,140]

Main Issues

As to the defendant's assertion on the representation of expression, the case of denial of judgment

Summary of Judgment

If the non-payment of the property devolving upon the State and if a dispute arises, the person who has been authorized to settle the dispute, in excess of his/her authority, sells the property devolving upon the State to a third party, he/she shall be liable to the third party, with reasonable grounds to believe that he/she has such authority,

[Reference Provisions]

Article 110 of the Civil Act

Plaintiff-Appellee

Saryaryary

Defendant-Appellant

Park Won-man

Judgment of the lower court

Seoul High Court Decision 57 Civil Gong1047 delivered on April 7, 1958, Seoul High Court Decision 2007Da1047 delivered on April 7, 2008

Reasons

According to the judgment of the court of first instance cited by the original judgment, even if the plaintiff did not grant the right of the non-party 1 to the non-party 1 to the non-party 1 to transfer or sell the non-party 1's real estate, the defendant alleged that the non-party 1's act of selling the non-party 1's real estate was an expression agent under Article 110 of the Civil Act, and the defendant purchased the non-party 1's right in sequence from the non-party 1 to the non-party 1's testimony of the first instance court witness so that the plaintiff purchased the non-party 1's building site without rejection of the original judgment, and entrusted the non-party 1's seal and the related documents to the non-party 1's non-party 1's right to purchase the non-party 1's real estate to the non-party 1's non-party 1's non-party 1's right to purchase the non-party 1's real estate without the authority to purchase the non-party 1's real estate.

Justices Byunok-ju (Presiding Justice) Mah-do and Rah-ho