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(영문) 서울고등법원 2016.08.12 2015나2067275
소유권이전등기말소등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons for the entry of this case by the court of first instance are as follows: Eul, which is insufficient to recognize that Defendant C, as evidence additionally submitted by Defendant C in the trial, prepared the delegation agreement of this case and the power of attorney under the condition of the Plaintiff’s mental capacity, rejected each entry of evidence Nos. 12 and 13; and it is identical to the entry of the reasons for the judgment of the court of first instance, except for addition of the following:

2. Additional determination

A. Defendant Ati Network Co., Ltd. asserts that, at the time of the instant sales contract, Defendant C believed that E had legitimate power of representation and that there was justifiable grounds for believing that E had legitimate power of representation, as it provided documents such as the instant delegation agreement and power of attorney, which are the Plaintiff’s same birth, as the Plaintiff was delegated by the Plaintiff at the time of the instant sales contract.

(b) In order to be recognized as an expression agent under Article 125 of the Civil Code, the principal must indicate that the power of representation should be granted to a third party.

However, it is reasonable to deem that the Plaintiff did not have the ability to indicate that the Plaintiff granted the power of representation to others, since the Plaintiff had no capacity to make the delegation letter of this case and the power of attorney at the time of preparing them.

Therefore, the above assertion based on the premise that the plaintiff granted the effective power of representation to conclude the contract of this case is without merit.

3. If so, the judgment of the first instance is legitimate. Thus, all appeals by the Defendants are dismissed as it is without merit. It is so decided as per Disposition.

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