Whether a legal act by expression under Article 129 of the Civil Act is constituted with respect to a subagent appointed by the agent after the lapse of the power of representation and the legal act between the other party

In light of the legal principle of an apparent representation is based on the general theory of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the doctrine of the responsibility for a person who has caused a certain external facts for the sake of the safety of transaction, in cases where not only a representative acts directly with the other party after the extinguishment of the authority, but also a sub-agent is appointed to act as an agent between the other party and the sub-agent after the extinguishment of the authority, if

Articles 120 and 129 of the Civil Act

Supreme Court Decision 66Da2197 Decided November 21, 1967 (No. 15-3, 314) Supreme Court Decision 97Da48982 Decided March 27, 1998 (Gong198Sang, 1187) (Gong198Sang, 1187)

Musan Construction Co., Ltd. (Attorney Yoon Young-young, Counsel for the plaintiff-appellant)

Defendant 1 and one other (Attorney Kim Jong-soo et al., Counsel for the defendant-appellant)

Supreme Court Decision 96Da56122 Delivered on April 22, 1997

Seoul High Court Decision 97Na19931 delivered on October 28, 1997

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine the grounds of appeal.

1. According to the reasoning of the judgment below, as part of the measures to strengthen the quality of the company, the National Foundation of Korea established on September 27, 1980. The court below, as part of the measures to strengthen the quality of the company, issued a voluntary sale of the real estate owned by the non-party 1 to the non-party 1 to the non-party 1, who was the president of the non-party 1 corporation (hereinafter referred to as the "non-party 1 corporation") to whom the non-party 1 had been the owner of the non-party 1 corporation to whom the non-party 1 had been the owner of the non-party 1 corporation and the non-party 1 corporation to whom the non-party 1 had been the owner of the non-party 1 corporation to whom the non-party 1 had been the owner of the non-party 1 corporation to whom the right of representation was extinguished, submitted to the non-party 1 corporation the consent to purchase and dispose of the real estate of this case to the non-party 1 corporation that was the owner of the non-party 1 corporation.

2. In light of the legal principle of an apparent representation, a person who caused a certain external fact for the purpose of transaction safety, based on the general doctrine of non-rights that is responsible for a person who is deemed to have justifiable grounds to believe the external fact (see, e.g., Supreme Court Decision 4294Da192, Feb. 8, 1962). In light of the fact that the agent acts as an agent with the other party after the lapse of the power of representation, not only cases where the agent acts as an agent directly with the other party, but also cases where the agent appointed a sub-agent after the lapse of the power of representation and had the sub-agent act as an agent with the other party, the other party believed that the agent has a legitimate right of representation due to the other party’s lack of knowledge of the extinguishment of the power of representation, and if there was no negligence in trust

Therefore, as determined by the court below, although the non-party company or the non-party bank had the original legitimate power of representation, even though the Korea Assets Management Corporation appointed as a sub-agent upon the death of the non-party 1, which is the principal, did not have a legitimate power of representation from the beginning, the appointment of the non-party bank as a sub-agent after the extinguishment of the power of representation of the non-party company and the non-party bank and concluded a sales contract on the real estate of this case as the non-party 1’s representative constitutes an act of representation after the extinguishment of the power

In addition, examining the records, it is difficult to view the Plaintiff’s assertion of expression representation as the premise that the Korea Assets Management Corporation had legitimate power of representation but has extinguished, as decided by the court below.

Although the court below should have examined whether the plaintiff's power of representation by the Korea Assets Management Corporation is bona fide and without fault and judged whether the representation under Article 129 of the Civil Act is constituted, the court below rejected the plaintiff's assertion on the above grounds. The court below erred by misapprehending the legal principles as to representation under Article 129 of the Civil Act, which affected the conclusion of the judgment. The ground of appeal pointing this out is with merit.

3. Therefore, the judgment of the court below is reversed without examining the remaining grounds of appeal, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cho Chang-hun (Presiding Justice)