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(영문) 대법원 1968. 1. 31. 선고 67다2607 제3부판결
[소유권이전등기][집16(1)민,051]
Main Issues

Cases where there is an error of incomplete construction of the content of the disposal document;

Summary of Judgment

In light of the fact that the plaintiff et al. has transferred this real estate to the defendant at the same time, the defendant lent 440,000 won to the plaintiffs without interest, and other circumstances, the judgment of the court below recognized that the plaintiffs sold this real estate to the defendants is erroneous in the misapprehension of the contents of the disposal document.

[Reference Provisions]

Article 187 of the Civil Procedure Act

Plaintiff-Appellant

Plaintiff 1 and one other

Defendant-Appellee

Defendant Incorporated Foundation

Judgment of the lower court

Seoul High Court Decision 65Na2536 delivered on October 19, 1967, Seoul High Court Decision 65Na2536 delivered on October 19, 1967

Text

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

Reasons

The plaintiffs' attorney's ground of appeal No. 1

According to the court below's ruling that "A" and "B" were 40,000 real estate purchased under the name of "B" and "B" and "B" were 40,000,00 won and "B" were 40,000,000,000 won and were 40,000,000 won and 50,00 won were 5,000 won and 4,000 won were 5,00 won and 4,000 won were 5,00 won and 4,000 won were 5,00 won and 4,000 won were 4,00 won and 5,00 won were 4,00 won and 5,00 won were 4,00 won and 4,00 won were 5,00 won and 4,00 won were 5,00,000 won and 4,00 won were 5,00 won and 4,00 won were 4,0.

Therefore, the decision on a remote appeal is omitted, and it is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court Dog-gu (Presiding Judge) Dog-Jak and Mag-gu Mag-gu

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