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