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(영문) 대법원 1970. 1. 27. 선고 69다719 판결
[소유권이전등기][집18(1)민,021]
Main Issues

(a) In a case where the death of an absentee is confirmed, and the validity of a decision to revoke the said property administrator’s or its administrator’s powers;

B. If an administrator of an absentee sells the property under his/her management, whether the seller’s old-age status should be determined on the basis of the absentee himself/herself.

Summary of Judgment

As long as the court has decided to appoint an administrator of an absentee, the opinion that the right of an administrator of an absentee property appointed by the court shall not be extinguished as a matter of course, unless the decision is cancelled by the procedure prescribed in law, even if the previous absentee died after the above decision was made, and even if the decision was cancelled after the above decision, the effect of the cancellation shall take place only in the future, and the effect of the legitimate exercise of the right of the administrator of the absentee property shall extend to the heir of the deceased absentee's property.

[Reference Provisions]

Article 22 of the Civil Act, Article 104 of the Civil Act

Plaintiff-Appellee

Silk-si, one other

Defendant-Appellant

Defendant

Judgment of the lower court

Cheongju-dong District Court Decision 69Na16 delivered on April 2, 1969

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The defendant's attorney's grounds of appeal are examined.

Once the court has decided to appoint an absentee as an administrator of the absentee, even if it had already been deceased before that decision, unless the above decision has been cancelled by the procedure prescribed in law, the opinion that the right of an administrator of the absentee appointed by the court should not be extinguished naturally. Even if the above decision was cancelled after that decision, its cancellation will only take effect in the future, and the effect of legitimate exercise of such right by an administrator of the absentee would affect the deceased's property heir. Thus, the decision of the original judgment is just, and there is no reason to challenge the above decision on the premise of contrary opinion. In light of the facts duly admitted in the original judgment, it is reasonable to interpret the original judgment as an administrator of the absentee's property in this case, and it is not reasonable to view that there was no objective error in the misapprehension of legal principles regarding the sale and purchase of the land between the non-party 1, who is the deceased's predecessor and the administrator of the non-party 2, as an administrator of the non-party 1's property at the time of death, and it is not reasonable to view that the above decision was invalid.

All of the arguments are without merit. 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.

The presiding judge of the Supreme Court of Korea (Presiding Judge) shall be the red net shots and the white shots

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