logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.03.24 2015다244883
전세금 반환청구
Text

All appeals are dismissed.

The costs of appeal are assessed against each appellant.

Reasons

The grounds of appeal are examined.

1. The Plaintiff’s grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed)

A. In order to claim the effect of the apparent representation under Article 126 of the Civil Act as to the grounds of appeal on the apparent representation liability, the requirement that the other party has the right of representation on his/her own behalf and there are justifiable grounds to believe that there exists such right. The existence of justifiable grounds shall objectively observe and determine all the circumstances existing when the act of the nominal agent is performed.

(1) Article 202 of the Civil Procedure Act provides that “The parties to a lawsuit shall file a petition for a lawsuit with the competent court shall file a petition for a lawsuit with the competent court (see, e.g., Supreme Court Decision 2006Da33418, 33425, Feb. 1, 2008)” (see, e.g., Supreme Court Decision 2006Da33418, 33425, Feb. 1, 2008).

(A) Article 432 of the same Act provides that “A person who is the husband of the defendant, has the authority to act on behalf of the defendant with respect to a legal act belonging to the daily home of his husband and wife, but is not deemed to have a legitimate ground to believe that E was the authority to conclude the instant lease contract on behalf of the defendant at the time of entering into the instant lease contract, and thus, the court below rejected the Plaintiff’s assertion as

The allegation in the grounds of appeal, which is erroneous in the judgment of the court below, is merely an error in the selection of evidence and the judgment of value of evidence belonging to the free trial of the court of fact-finding.

In addition, the reasoning of the lower judgment is examined in light of the aforementioned legal doctrine and the evidence duly admitted.

arrow