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(영문) 대법원 1960. 10. 20. 선고 4293민상203 판결
[가옥명도][집8민,168]
Main Issues

(a) Depositing a certificate for registration of a house for a debt security;

(b) Where such assertion is deemed to have been made by proxy.

Summary of Judgment

In order for one of the parties to the transaction to continue the transaction concerned, the deposit of the registration certificate for the real estate owned by himself or other person is aimed at securing the debts already incurred or the debts to be incurred in the future.

Plaintiff-Appellant

Maximum Pappy et al.

Defendant-Appellee

Yellow water fever

Judgment of the lower court

Seoul High Court Decision 58Do1056 delivered on March 11, 1960, Seoul High Court Decision 58Do1056 delivered on March 11, 1960

Reasons

Even if one of the parties to the transaction did not use his/her seal or a certificate of right to the above house for the purpose of continuing the transaction, it is not for the purpose of keeping the seal or a right itself, but for the purpose of securing obligations arising out of the transaction, so the other party shall be entitled to obtain the right under the terms of the security agreement for the real estate on which the seal or a certificate of right was deposited, so the court below rejected the defendant's assertion that he/she did not use the seal or a certificate of right under the name of the non-party 1 for the purpose of keeping the original document and delivered the certificate of right to the non-party 6 under the name of the non-party 1 for the purpose of the sale of the non-party 1's own signature or the non-party 1's signature or the non-party 1's signature or the non-party 1's signature or seal certificate of right to the non-party 6's own signature or the non-party 1's signature or seal certificate of right to the non-party 1's signature or seal.

Justices Lee Dong-sung (Presiding Justice)

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