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(영문) 창원지방법원 2015.04.14 2014나9193
소유권이전등기
Text

1. All appeals filed by the plaintiff A and the defendant are dismissed.

2. The costs of appeal between the plaintiff A and the defendant shall be borne individually.

Reasons

1. The reasons why a party member of the judgment of the court of first instance shall explain this case are as follows, except for adding the following judgments to the pertinent part, thereby citing this case by the main text of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Plaintiff A’s assertion that: (a) the Defendant’s father, as the legal representative; (b) the Defendant, as the Defendant’s father, has the fundamental power of attorney; (c) the right of attorney has ceased to exist; (d) Plaintiff A, without knowledge of such fact, believed to have the authority to engage in a legal act on behalf of the Defendant who was enrolled in the military at the time of the J; and (e) there was justifiable reason to believe that the agreement on behalf of the Defendant was effective for the Defendant under Article 129 or 125 of the Civil Act.

B. The fundamental power of representation for the establishment of a expressive representation under Article 129 of the Civil Act can also include the right of representation.

However, as seen earlier, the Plaintiff A did not take any measures to confirm the fact that the Defendant became adult at the time of the donation agreement as a mother of the Defendant, and thus, it cannot be deemed that there is any justifiable reason to believe J as the legal representative of the Defendant. In addition, there is no evidence to acknowledge that there was another power of attorney to act on behalf of the Defendant.

In addition, there is no evidence that the defendant expressed his power of representation to the J against the plaintiff A, so the defendant cannot be deemed to be responsible for the defendant as the principal under Article 129 or 125 of the Civil Code.

Therefore, Plaintiff A’s assertion is without merit.

3. Accordingly, the plaintiff A's primary claim is dismissed as it is without merit, and the plaintiff A's preliminary claim and the remaining plaintiffs' claim are with merit.

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