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(영문) 의정부지방법원 2018.11.02 2018나204368
소유권이전등기
Text

1. The plaintiff's appeal and the defendants' incidental appeal are all dismissed.

2. Costs by an appeal and incidental appeal.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for a change or addition as follows, and thus, it is acceptable to accept it as it is in accordance with Article 420 of the Civil Procedure Act.

2. Inasmuch as the portion to be modified and added is 4.12 pages, there is no "," and the following shall be added thereto:

In full view of Defendant C’s results of Defendant C’s personal examination, and the purport of the entire argument in the statement of Defendant C’s evidence No. 11, Defendant B was left to and leased from Defendant C after the acquisition of the above building on or around 2003. around 201, Defendant C, who was under the lease without Defendant B, did not speak of such fact to Defendant B and deposited Defendant B with Defendant B in the name of the former lessee until F was dead (in case of cash transaction, the depositor was deposited in Q or R, and this was deemed to have been erroneous in the name of the lessee in the remarks column, and the CD transfer was also deposited into “C”, which is not changed to Q or R, and it appears to have been recorded as above.

(i)in addition, between the fourth and first lines, the following:

Article 126 of the Civil Act provides that “The Plaintiff’s assertion that there was a justifiable reason to believe that the Plaintiff had no power of representation against F, and thus, constitutes an expression agent under Article 126 of the Civil Act.” Article 116(1) of the Civil Act provides that the existence of a fact should be determined as a standard in a case where the effect of a juristic act is either aware of, or was caused by negligence, the validity of the juristic act. In a case of an expression agent beyond his/her authority, whether there is a justifiable reason to believe that a non-authorized agent has authority should be determined at the time of the act of representation (a sales contract) and the circumstances after the conclusion of a sales contract should not be considered (see Supreme Court Decision 81Da322, Dec.

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