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(영문) 대법원 1958. 11. 20. 선고 4291민상234 판결
[가옥명도][집6민,082]
Main Issues

Rejection of the sole motion for Evidence and Violation of the rules of evidence

Summary of Judgment

It is against the rules of evidence that the only evidence requested by the parties in order to prove the alleged facts and that it is unfavorable to recognize facts.

[Reference Provisions]

Article 259 of the Civil Procedure Act

Plaintiff-Appellee

Kim Young-gu

Defendant-Appellant

Kim Yong-type

Judgment of the lower court

Gwangju District Court Decision 57No324 delivered on December 5, 1957, the second-class Gwangju High Court Decision 57No324 delivered on December 5, 1957

Reasons

It is against the rules of evidence that the only evidence requested by the parties in order to prove the facts alleged by them, and that it is against the rules of evidence to recognize facts unfavorable to them, and if the records of the case were to be prepared in this case, the defendant's attorney, as the only evidence to prove the facts of the answer, sought a summons of the gate of the witness who was the only evidence to prove the facts of the answer, and then the court below dismissed this, and ruled that there is no evidence such as accepting the facts of the

Justices Go Jae-ho (Presiding Justice)

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