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(영문) 대법원 1959. 9. 24. 선고 4291민상423 판결
[손해배상][집7민,227]
Main Issues

(a) The case where an order for monetary compensation is issued unfairly in respect of a claim for the payment of the white part of the compensation; and

(b) Cases where a sales contract was concluded with a third party with respect to the subject matter of sale; or

Summary of Judgment

However, the sales contract cannot be said to be legally impossible because it was concluded with a third party with regard to the subject matter of sale.

[Reference Provisions]

Article 417 of the Civil Act

Plaintiff-Appellant

Main cancer

Defendant-Appellee

Nabong et al.

Judgment of the lower court

Jeonju area in the first instance, Gwangju High School in the second instance, etc., 57 civil defense 316 decided April 23, 1958

Reasons

According to the records, the plaintiff sought payment from the defendant 1 for the 33th anniversary of the non-party 1's impossibility of performing the contract, and sought payment from the non-party 1 for the 15,000 US dollars at the time of non-party 1's non-party 4's execution of the contract. The plaintiff's claim that the non-party 1 purchased the real estate before the 1's sale and purchase from the 1's 1's 1's 1's 1's 'U' and the 3's 'U's 'U' had been sold to the 3's 'U'. Thus, the plaintiff's claim that the non-party 4's 'U's 'U's 'U' had been rejected for the 1's 'U' and 'U's 'U' had no specific intention to do so. Thus, the court below's determination that the plaintiff's 's 's 's 'U' had no legal reasons for the plaintiff's 's 's 's 's 's 's removal of sale.

Justices Kim Du-il (Presiding Justice) Mabun (Presiding Justice)

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