(영문) 대구고등법원 2017.09.29 2016나1923 | 리걸엔진

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자간(%)

(영문) 대구고등법원 2017.09.29 2016나1923

소유권말소등기

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except for modification or addition as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On October 18, 2002, the amended portion of the first instance court’s decision was amended to “ October 8, 2002,” “ October 7, 2002.”

3. The additional decision of the court of first instance shall be added in front of the 6th decision of the court of first instance, the 9th decision of the 9th decision, as follows:

The Plaintiff’s assertion: (a) concluded a contract on behalf of the Plaintiff on March 13, 2015, under which the Plaintiff donated each of the instant real estate to the Defendant on behalf of the Plaintiff; and (b) completed each of the instant registrations on March 16, 2015 due to the said gift contract; (c) since the said gift contract constitutes a self-contract prohibited by Article 124 of the Civil Act, each of the instant registrations based on such reason constitutes a ground for invalidation of cause; (d) the Defendant is liable to implement the procedure for

According to the provisions of the text of Article 124 of the Civil Act, an agent shall neither conduct a juristic act in his own behalf nor act on behalf of both the parties with respect to the same juristic act without the consent of the principal.

In full view of the following facts: (a) evidence Nos. 2-1, 2, 3, 4, 5; (b) evidence Nos. 6-1, 2; (c) evidence Nos. 1, 1, 2; (d) evidence Nos. 6-1, 1, 1, 2; and 8-1 through 10, 2; and (e) evidence Nos. 8-1, 8-5; (b) the testimony of the first instance witness F; (c) the results of the party’s personal examination; (d) part of the results of the party’s examination; and (e) the purport of the entire pleadings, etc., the Plaintiff: (a) granted that the Defendant, on behalf of the Plaintiff, entered into a gift contract such as the above written contract on behalf of the Plaintiff; and (b) the Defendant, on behalf of the Plaintiff,

참조조문

-민법 제124조

-민사소송법 제420조

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