Main Issues
The case where there is an error of mistake in mistake against the rules of evidence.
Summary of Judgment
Although the defendant disposed of the real estate owned by the non-party Gap during his study abroad without the authority to dispose of the real estate owned by the defendant, the defendant presumed that the defendant impliedly delegated the right to manage the above real estate to the defendant and recognized the defendant's liability by acting as acting as acting as acting as acting as acting as acting as acting as acting as acting as acting as acting as acting as acting as acting as the defendant committed the violation of the rules of evidence that the actual ownership of the above real estate was against the defendant's mother, and that the management of the real
[Reference Provisions]
Article 187 of the Civil Procedure Act, Article 393 of the Civil Procedure Act
Plaintiff (Re-Defendant), Appellee
Sheet village, a foundation foundation
Defendant (Reexamination Plaintiff), Appellant
Defendant
Judgment of the lower court
Seoul High Court Decision 71Na17 delivered on December 8, 1971, Jeju High Court Decision 71Na17 delivered on December 8, 1971
Text
The original judgment shall be reversed, and the case shall be remanded to Cheongju District Court Panel Division.
Reasons
The grounds of appeal Nos. 1 and 2 by the attorney of the defendant (the plaintiff for review) are examined.
According to the reasoning of the judgment, the court below held that the defendant's non-party 1 was not entitled to purchase and sell the above non-party 1's non-party 6's real estate under the name of the non-party 1's father or non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 6's non-party 1's non-party 6's non-party 6's non-party 1's non-party 6's non-party 6's non-party 1's non-party 6's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 9's non-party 1's.
Therefore, without further proceeding to decide on the remaining grounds of appeal, the original judgment is reversed according to the consistent opinion of the participating judges, and the original judgment is decided as per Disposition in order to re-examine and decide.
Judge Do-dong (Presiding Judge) of the Supreme Court