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(영문) 대구고법 1975. 5. 22. 선고 74나1084 제2민사부판결 : 상고
[가압류이의신청사건][고집1975민(1),240]
Main Issues

Cases which are not recognized as being de facto;

Summary of Judgment

In light of the fact that, at the time when a woman aged 15 years old was working with his house and her house, he saw B, using the day after the day and the aftermath of kn oil in the kitchen, and 2nd of alknishing, he she was aground above the alknishing of alknishing of petroleum, but he was instructed by the 15-year-old female from his house and the snicking of petroleum to his house, but he went through the kitchen in the bath while he was faced with the direction of his houseing of petroleum, and the direction was taken as it was, due to the difficulty of petroleum strawing of the night and the heat of the alknishing of the above alknishing, even if the above female's age and the place where the above petroleum was left with his houseing at the time of his ordinary duties, it cannot be viewed as gross negligence in light of the degree of negligence.

[Reference Provisions]

Article 750 of the Civil Act on the Liability for Fire Caused by Negligence

Reference Cases

Supreme Court Decision 66Da1938 delivered on July 18, 1967 (Supreme Court Decision 8506Da8506 delivered on July 15, 196, Supreme Court Decision 15BDu194 delivered on July 15, 196, Supreme Court Decision 66Da758, 759 delivered on September 20, 1966

Claimant and appellant

Applicant

Respondent, Appellant

Respondent

Judgment of the lower court

Busan District Court (74Kada5763)

Text

The appeal is dismissed.

Expenses for appeal shall be borne by the applicant.

Purport of application

The applicant's attorney shall authorize the decision of provisional seizure of the real estate recorded in the attached list, which was made by the above court on January 17, 1973, with respect to the provisional seizure against the real estate of Busan District Court 73Ka316 between the applicant and the respondent.

The judgment that the litigation costs shall be borne by the respondent, and the respondent's attorney shall revoke the above provisional seizure decision. The applicant's application is dismissed. The court costs are assessed against the respondent and the provisional execution judgment are assessed against each other.

Purport of appeal

The original judgment is revoked and the purport of the application.

Reasons

In light of the above legal principles and records, the applicant's non-use of 10 square meters and non-use of 200 square meters and non-use of 12 square meters and less than 3 square meters of 1972.12.04 square meters and less than 5 square meters of 14 square meters of 127 square meters of 127 square meters of 127 square meters of 127 square meters of 127 square meters of 127 square meters of 127 square meters of 127 square meters of 127 square meters of 127 square meters of 5 square meters of 3 square meters of 127 square meters of 5 square meters of 127 square meters of 5 square meters of 127 square meters of 1220 square meters of 5 square meters of 1220 square meters of 1220 square meters of 1200 square meters of 1200 square meters of 2002.

[Attachment]

Judge Lee Jong-dae (Presiding Judge)

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