In recognition of a representative of expression in the month of competence, it is against our rule of experience as to documentary evidence.

It is against our rule of experience regarding documentary evidence to conclude that the right of representation is accepted in the sale on account of the fact that the mere request for trade mediation is made, and to recognize the representation in the month of power.

Article 126 of the Civil Act, Article 393 of the Civil Procedure Act

Recognized Vessels

Moternity et al.

Seoul High Court Decision 68Na1761 delivered on October 22, 1969, Decision 68Na1761 delivered on October 22, 1969

We reverse the original judgment.

The case is remanded to Seoul High Court.

Upon examining the judgment on the grounds of appeal by the plaintiff and the original judgment, the court below concluded that the plaintiff granted the right of representation to the non-party on the ground that the plaintiff asked the non-party to sell the site at an annual rate of KRW 4,000 per annum on May 1966 when recognizing the basic representative relation between the plaintiff and the non-party in the sale of real estate in which the non-party was admitted as the expression agent of the plaintiff's title. However, in full view of the evidence listed in the original judgment, it is insufficient to recognize the fact that the plaintiff granted the right of representation to any juristic act in the sale of real estate to the non-party, even after considering the evidence listed in the original judgment, it was insufficient to recognize the fact that the plaintiff granted the right of representation to the non-party in any juristic act as to the sale of real estate in which the non-party was raised, as a result of the criminal record verification in the original judgment, and other evidence of employment of the court below, the plaintiff merely requested the non-party to mediate the sale of the building site in question.

Therefore, it is so decided as per Disposition by the assent of all participating Justices.

[Judgment of the Supreme Court (Presiding Judge) Na-dong (Presiding Judge)