In the case of failing to exercise the right of explanation as to whether the act of bearing the obligation of the repair association was authorized by the Do Governor;

Any person who asserts that a union has done any property juristic act and acquired a claim therefor shall be liable to prove whether the union has obtained approval from the Minister of Agriculture and Fisheries prior to such juristic act.

Article 126 (1) of the Civil Procedure Act, Article 39 of the old Repair Association Ordinance, Article 46 of the Land Improvement Project Act

State of Lee & Lee

Strengthening land improvement cooperatives which take over the system of the depth Repair Association;

Incheon support in the first instance, Seoul High Court Decision 61Na1758 delivered on September 5, 1962

The original judgment shall be reversed, and the case shall be remanded to Seoul High Court.

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

According to Article 39 of the former Decree, if the repair association borrowed money from others temporarily to pay the expenses to the plaintiff, the repair association's act of bearing obligations is null and void. Therefore, if there is no proof that the repair association's act of property law and acquisition of bonds is done prior to such legal act, the court shall exercise its right of explanation and urge the plaintiff to pay the expenses for construction within 10,000 won for the first time and 20,000 won for the first time and the second time for the first time for the first time for the payment of interest, and the plaintiff shall be obliged to pay the expenses for construction by the second time for the second time for the second time for the first time for the second time for the first time for the first time for the first time for the second time for the first time for the second time for the second time for the second time for the second time for the first time for the second time for the second time for the second time for the second time for the first time for the second time for the second time for the second time for the first time for the second time for the second time for the second time for the second time for the second time for the second time for the second time for the second time for the second time for the payment.

The judges of the Supreme Court (Presiding Judge) Cho Jin-man (Presiding Judge) and Lee Jong-man (Presiding Justice)