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(영문) 대법원 1966. 10. 4. 선고 66다1295 판결
[소유권이전등기][집14(3)민,131]
Main Issues

In the sale and purchase of a specific site, approximately 18 square meters on the part of 28.75 square meters and rule of experience;

Summary of Judgment

In addition, there is a difference between the 18th of the original sales contract and the 10th of the 28.75th of the original judgment (survey result) as determined by the court below. However, in this case, the fact that the Defendant and the Plaintiff, the buyer, did not have any means to make the average number of the land in selling and selling a part of the land, and that approximately 18 of the 18th of the 19th of the 190 sales contract was entered on the part of the original Defendant, and that there was no dispute between the original Defendant and the 18th of the 1990s as

[Reference Provisions]

Article 187 of the Civil Procedure Act

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

Defendant

Judgment of the lower court

Seoul High Court Decision 65Na2541 delivered on May 27, 1966

Text

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

Reasons

The defendant's attorney's grounds of appeal are examined.

According to the reasoning of the judgment of the court below, the court below acknowledged on October 14, 1956 that the scope of the land that the plaintiff purchased from the defendant was 28.75 square meters on the ship connecting each of the following facts, taking into account the result of the examination of the non-party 1's witness and the non-party 2's survey and appraisal by the non-party 1, the result of the examination of the first instance court and the non-party 2's appraisal by the non-party 1, and the whole purport of the parties' arguments. The court below found that there is a difference between 18 square meters in the original sales contract and 28.75 square meters in the original sales contract and 28.75 square meters in the original judgment. However, in this case, the defendant or the plaintiff, who is the buyer, did not know the usual number of the land in the sales contract, and that there was no dispute between the defendant and the non-party 2, and that there was no error in the application of Article 90 of the Civil Procedure Act.

Supreme Court Judge Ma-man (Presiding Judge) Ma-dong (Presiding Judge)

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