In cases where his/her father stays in a foreign country and provides real estate owned by his/her father as security by using a registration certificate or a certificate of his/her seal impression, the sex of expression agency

In light of social norms, to have a father provide his/her own real estate as security to his/her father, and to confer the power of representation necessary for the registration procedures therefor to his/her father. Therefore, even if his/her father and wife obtained his/her consent, he/she held a certificate of registration of real estate and caused his/her father to make provisional registration with the seal of his/her father in his/her custody, barring any objective circumstance to believe that a third party has the right of representation for his/her father, it cannot be deemed that there is a justifiable reason for such belief.

Article 126 of the Civil Act

Plaintiff

Defendant

Seoul Civil History District Court (82 Gohap7934)

1. Revocation of the original judgment;

On October 23, 1982, the defendant implemented the procedure for the cancellation registration of provisional registration of the preservation of the right to transfer ownership, which was completed on October 23, 1982 with respect to the real estate recorded in the attached list to the plaintiff.

2. The costs of the lawsuit shall be borne by the defendant in both the first and second instances.

The same shall apply to the order.

On October 23, 1982, it is difficult for the plaintiff to obtain the above provisional registration on the non-party 1 to obtain the above non-party 2 to obtain the above provisional registration on the ground of the purchase and sale agreement from the non-party 1 to the above non-party 6's husband, and the non-party 1 to obtain the above provisional registration on the non-party 1 to the non-party 6's non-party 1 to whom the above provisional registration was made (hereinafter "provisional registration of this case"), Gap's evidence 3-2, Gap evidence 7, Eul evidence 8, Eul evidence 9, Eul evidence 1 to be established on the non-party 1 to the non-party 6's title, and the non-party 1 to obtain the above provisional registration from the non-party 1 to the non-party 6's non-party 1 to the above non-party 6's non-party 2's testimony and the result of the examination of the criminal records of the court below (excluding the non-party 1's testimony and the above records).

However, the defendant, as the plaintiff's wife, has the right of representation as the plaintiff's wife, and the non-party 3 and the non-party 2 obtained the plaintiff's consent, and possessed the plaintiff's certificate of seal impression, registration right, and copy of register, and the non-party 3 was paid a 200,000,000 won out of the amount of 13,00,000,000 won lent by the non-party 7 to the non-party 6, so the defendant's agent, or the defendant, the non-party 7 or the non-party 3, who is the defendant, made the provisional registration of this case with the belief that the non-party 3 was the plaintiff's agent, and there is a justifiable reason to believe that the non-party 3 established the ownership transfer registration of this case in the defendant's future, because the non-party 3 was not the plaintiff's wife, but the plaintiff's agent was merely the head of the plaintiff's punishment, and the non-party 3 did not have the right of representation of this case.

In addition, the defendant, as he did not have a wife at the time of departure from the Republic of Korea with Malaysia, conferred the right of representation on Nonparty 2, an unmarried father, and Nonparty 2 and Nonparty 3 obtained the plaintiff's consent at the time of the registration of transfer of ownership of this case, and held the plaintiff's certificate of seal impression, registration right, and copy of register with the defendant's agent at the time of the registration of transfer of ownership of this case, so Nonparty 7 or the defendant, who is the defendant's agent, was believed to be the plaintiff's agent and received the provisional registration of this case, and there are justifiable grounds to believe that the act of the plaintiff's transfer of ownership of this case's name constitutes an expression agent beyond his authority, and thus, the plaintiff's act of granting the right of representation to Nonparty 2, who is his superior, while leaving the Republic of Korea with Malaysia, did not have any evidence to believe that the plaintiff's right of representation was granted to the plaintiff's agent, and thus, it cannot be justified for the plaintiff's consent to the provisional registration of this case.

Therefore, the provisional registration of this case is an invalidation registration, and the defendant is obligated to perform the procedure for cancellation registration. Thus, since the plaintiff's claim of this case seeking its performance is reasonable, and it is unfair in the original judgment with different conclusions, and thus, it is revoked and order the defendant to implement the procedure for cancellation registration of the provisional registration of this case, and the costs of the lawsuit are assessed against the defendant who has lost both the first and second trials, and is so decided as per Disposition.

Judges Park Gyeong-sung (Presiding Judge)