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(영문) 대구고법 1976. 1. 31.자 76라2 제4민사부결정 : 확정
[입목벌채등가처분신청사건][고집1976민(1),64]
Main Issues

Cases of provisional disposal approval based on the rights of the same industry pharmacist;

Summary of Decision

Where a partnership business contract is concluded, a person who bears the share to be borne pursuant to the contract may claim the share, and where the other party denies the partnership business contract and where there are circumstances to dispose of the property of the partnership business independently, there is a need to preserve

[Reference Provisions]

Article 703 of the Civil Act, Article 714 of the Civil Procedure Act

Applicant, appellant

Applicant

Respondent, Other Party

Respondent

Judgment of the lower court

Busan District Court Msan Branch Court Decision 75Ka1403

Text

(1) Revoking the original decision.

(2) The respondent shall not trade, donate, pledge, or take any other action in relation to the Gun forest and Gun forest and Gun forest and Gun forest that were cut within the 7,88-dong, Taegu-dong, Taegu-dong, Taegu-dong, Taegu-si, and 11,12-in Do-dong, Anero-dong-dong-dong, for a distance of 1,116.1 meters.

Reasons

On October 1975, 1975, the head of the Navy's Facilities Chang-gun, which belongs to the Ministry of Oceans and Fisheries, concluded a contract to cut down trees within 7,84.9 U.S. 1, 116.1 meters and cut down the Respondent's 1,16.1 meters and delivered the above Respondent's right to receive non- timber at the Respondent's price. On the other hand, the Respondent and the Respondent agreed to enter into the Respondent's rights to receive the above Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Bag-dong 7,884.9.1 meters and the above Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Bag and the above Respondent's Respondent's Respondent's Respondent's Respondent's Bag and the above Respondent's Respondent's 6.

Therefore, the applicant bears the portion of the cost of unaccompanied to the above delivery and the portion of the cost of the work (in the absence of special circumstances, 1/2) and is entitled to claim the share of the above-mentioned dead trees, so there is a vindication as to the right to be preserved for the provisional disposition of this case. As such, in light of the circumstances where the respondent denies the business agreement with the applicant and fells the high-level item (g) independently, it is recognized that there is a need to preserve the application of this case, so the applicant's original decision that differs from this conclusion shall be revoked unfairly, and the applicant shall deposit 1,50,000 won as security and make a decision as per the disposition.

Judges Kim Young-young (Presiding Judge) and Lee Tae-tae Kim

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