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(영문) 대법원 1962. 3. 29. 선고 4294민상444 판결
[근저당권설정등기말소][집10(1)민,256]
Main Issues

act in excess of the power of the agent and acting as proxy for the opinion;

Summary of Judgment

The case where the proxy has been recognized by the month of competence.

[Reference Provisions]

Article 126 of the Civil Act, Article 265 of the Commercial Act

Plaintiff-Appellant

National Commercial Corporation (Attorney Song-young et al., Counsel for the defendant-appellant)

Defendant-Appellee

Federation of Korea Shipping Cooperatives

original decision

Seoul High Court Decision 4293No1627 delivered on March 28, 1961

Text

The appeal shall be dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

The grounds of appeal by the Plaintiff Kim Associate-won are as stated in the grounds of appeal subsequent to the appeal.

1. Of the grounds of appeal Nos. 1, 2, 3, and 6

The act of granting the power of representation between the plaintiff and his agent is merely a close relation between the non-party 1 and his agent with the other party's right of representation, and the acts of giving the power of representation between the plaintiff and his agent are not sufficient to achieve the safety of transaction, and it cannot be said that the act of giving the right of representation between the non-party 1 and the other party's agent's agent's agent's acting act is merely a pureless agent's acting relationship with the proxy's agent's acting as an agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting agent's acting as the plaintiff's acting agent's acting.

2. According to the evidence Nos. 4 and 5 of the Reasons for Appeal Nos. 10 of the loan No. 4 and 5, if it is necessary to register the establishment by July 30, 1957 for the convenience of the debtor and the secured provider, the registration of the establishment shall be suspended even if the debtor and the secured provider are notified in advance and the registration of the mortgage was made at any time," and according to the evidence No. 8 of the judgment No. 1 of the court below, the notification to the plaintiff, the secured provider, the debtor, and the Kim Jong-dong around July 10, 1957. The notice to the plaintiff was received from the above Kim Jong-dong, and the notice to the plaintiff was received by the non-party Kim Jong-dong. Thus, even if the defendant did not make legitimate notification to the plaintiff under the above agreement, unless there are any special circumstances, the defendant's notification to the plaintiff cannot be viewed as being a bad faith or a bad faith of the defendant's representative, and as long as there is no gross reason to prove that the plaintiff's fault or negligence.

Therefore, it is so decided as per Disposition with the assent of all participating Justices.

Justices of the Supreme Court (Presiding Judge)

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