Main Issues
Interpretation of acts in conflict with this sea under Article 921(1) of the Civil Act
Summary of Judgment
It is reasonable to interpret that not only a legal act in which a person with parental authority and a minor person are one of the parties, but also an act which is disadvantageous to a minor for the benefit of a person with parental authority as well as an act which is disadvantageous to a minor.
[Reference Provisions]
Article 921(1) of the Civil Act
Plaintiff-Appellee
Plaintiff
Defendant-Appellant
Bank of Korea
Judgment of the lower court
Seoul High Court Decision 70Na1208 decided April 14, 1971
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
As to the Defendant’s Attorney’s ground of appeal:
The act against interest under Article 921 (1) of the Civil Code shall be interpreted not only as one of the parties with parental authority and a minor person respectively, but also as the act of creating a mortgage on the real estate owned by the minor person for the person with parental authority, such as the act of creating a mortgage on the property owned by the minor person on his own behalf, it shall be interpreted as including the act of creating a mortgage on the property owned by the person with parental authority for the person with parental authority and the disadvantage of the minor for the person with parental authority. As such, the act of creating a mortgage on the property owned by the person with parental authority on behalf of the minor for the purpose of raising his own business fund shall be included in
The issue is groundless.
Therefore, according to Articles 400, 395, and 384 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.
The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet