Cases recognizing a marital representation relationship between husband and wife

The case holding that even if the plaintiff did not grant his/her authority to create a mortgage to his/her wife for daily home affairs, since the wife's act of establishing a mortgage to the real estate in this case constitutes a case where the wife performs any legal act outside his/her authority, and if the plaintiff believed that the plaintiff was responsible for the wife and had the mortgagee in his/her possession of the documents related to the real estate at the time of the acquisition of the mortgage and that the above documents were out of the wife's number, it can be deemed that there is a reason to believe that the wife has the authority to create a mortgage.

Article 126 of the Civil Act

Lee Won-woo

Limited Sector

Seoul High Court Decision 66Na1449 delivered on April 27, 1967, Seoul High Court Decision 66Na1449 delivered on April 27, 1967

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The plaintiff's agent's grounds of appeal are as follows. In other words, the plaintiff and the non-party 1 did not have the authority to establish a new mortgage upon the non-party 2's request, but the non-party 1 did not have the authority to do so upon the non-party 2's request. The court below's decision that the non-party 2 had no authority to do so on the non-party 1's own property (the former owner's seal impression and seal) that the non-party 1 had no authority to do so on the non-party 2's own property. The court below's decision that the non-party 1 had no authority to do so on the non-party 2's own property and the non-party 1 had no authority to do so on the non-party 2's own property, and it cannot be viewed that the non-party 1 had the authority to do so on the non-party 1's own property by his own request. The court below's decision that the non-party 2 had no authority to do so.

Therefore, this appeal is dismissed as it is without merit, and the costs of appeal are assessed against the losing party.

This decision is consistent with the opinions of the involved judges.

The judge of the Supreme Court is Hong Dong-dong (Presiding Judge) and Dong-dong (Presiding Justice)