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(영문) 대법원 1969. 6. 24. 선고 69다571 판결
[소유권이전등기등][집17(2)민,241]
Main Issues

If the principal has consented to a specific juristic act, both parties may represent the other party.

Summary of Judgment

If the principal has consented to a specific juristic act, both parties may act on behalf of the principal.

[Reference Provisions]

Article 124 of the Civil Act

Plaintiff (Re-Defendant)-Appellee

[Judgment of the court below]

Defendant (Re-Appellant)-Appellant

Defendant (Re-Appellant) (Attorney Oh Jeong-soo, Counsel for the defendant-appellant)

original decision

Seoul Civil District Court Decision 68Na635 delivered on March 14, 1969

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff for retrial.

Reasons

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

Article 124 of the Civil Code provides that an agent for a certain legal act may act on behalf of the Respondent for the above legal act. As such, the court below's ruling was based on the evidence adopted by the Respondent No. 1 to the effect that the Respondent No. 2 was an agent for the Respondent No. 1 to secure the right to claim transfer of ownership in the name of the Respondent as the security of the Respondent No. 250,000 won. The court below rejected the Respondent No. 2's request for the above legal act on behalf of the Respondent No. 1 to find that the Respondent No. 2 had been against the above Respondent No. 3 and the Respondent No. 2 to the effect that the Respondent No. 3 did not act on behalf of the Respondent No. 2 for the Respondent No. 1 to find that the Respondent's legal act was invalid, and the court below rejected the above Respondent No. 2's request for the above legal act on behalf of the Respondent No. 3 as stated in its reasoning. 6 months.

Justices of the Supreme Court (Presiding Judge) Ma-dong and Ma-dong Ma-dong

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심급 사건
-서울민사지방법원 1969.3.14.선고 68나635
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