Main Issues

After selling any real estate not owned by the seller, the acquisition of such real estate and transfer of ownership

Summary of Judgment

Where a person without title succeeds to real estate after selling it by a person without title, the court may order the seller to comply with the registration of transfer of title even if the person without title is not the buyer

[Reference Provisions]

Article 560 of the Civil Act

Plaintiff-Appellee

Ossung

Defendant-Appellant

Kim Standards

Judgment of the lower court

The red support in the first instance court, and the second instance Seoul High Court Decision 58 civilian 211 delivered on August 26, 1958

Reasons

According to the court below's decision that Gap acquired the ownership of the real estate from the non-party 1 to the non-party 5 year old real estate by inheritance, Gap had a duty to transfer the ownership of the real estate to the non-party 1, and the non-party 1 and the defendant are not the plaintiff's representative but the non-party 1 and the plaintiff was the administrator of the non-party 5's family registry and the registration law at the time that the non-party 1 and the non-party 5 were the plaintiff's heir (the non-party 1 and the non-party 5 were the non-party 1 and the non-party 5 were the non-party 1 and the non-party 1 were the non-party 5's non-party 1 and the non-party 5's non-party 1 and the non-party 5's non-party 1's non-party 1 and the non-party 5's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's title.