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(영문) 부산고등법원 2020.11.05 2019나55968
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the case where the part of "B", "C. Judgment on the assertion of representation", "D. Judgment on the assertion of ratification" and "E. Judgment" are written as follows, and thus, it is identical to the part of the reasoning of the judgment of the court of first instance in accordance with the main sentence of Article 420 of the Civil Procedure Act.

A person shall be appointed.

B. In light of the relevant legal principles, it is determined that E has the authority to conclude the instant sales contract on behalf of the Defendant, taking into account the evidence as seen earlier, evidence evidence Nos. 9, 12, 29, evidence Nos. 1 through 3, 5, 6, 9, 10, 12, and 13, evidence No. 1, witness of the first instance court, E, E, witness of this court, K, some testimony of this court, and the first instance court’s order to submit documents, reply of the order to submit documents, and the whole purport of arguments against the head of the Busan National Land Information Corporation, the vice governor of the first instance court, and the Minister of Maritime Affairs and Fisheries. ① The Defendant did not issue and deliver to E a power to represent the conclusion of the instant sales contract, and the Defendant did not have the authority to conclude the instant sales contract on behalf of the other party. However, there is no dispute between the parties to whom the contract should be delivered the power to represent the other party without the express expression of authority.

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