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(영문) 대법원 1971. 11. 30. 선고 71다1867 판결

[소유권이전등기말소][집19(3)민,129]

Main Issues

If the registration of ownership transfer for all of the land was made due to the relationship in which part of the land was sold and the registration of ownership transfer for the whole land was not made, the registration for the part which was not sold is a valid registration by the name trust, unless there

Summary of Judgment

If the registration of ownership transfer for all of the land was made due to the relationship in which part of the land was purchased and sold, and the registration of ownership transfer for the whole land is valid by the title trust unless there are special circumstances.

[Reference Provisions]

Article 186 of the Civil Act

Plaintiff

Park Nam-west

Intervenor-Appellant

Kim Sejong-type et al.

Defendant-Appellee

Maternity et al. five persons

Judgment of the lower court

Seoul Civil Area, Seoul High Court Decision 69Na3234, 70Na2011 delivered on June 3, 1971

Text

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

Reasons

With respect to the Intervenor’s Grounds of Appeal:

If the original judgment was based on the explanation of its reasons, 87-1,00,000 no longer complies with the above 17-1,000 original judgment, and thus, 18-1,000,000 won was inherited by the non-party 1,000 won, and 1,2,000,000 won were no more than 7-1,000 won and no more than 7-1,000 won of the above 7-1,000 won of the above 17-1,000 won of the above 17-1,000 won of the above 17-1,00 won-1,000 won-1,000 won-1,000 won-1,000 won-17,00 won-1,000 won-1,000 won-17,00 won-1,00 won-17,00 won-1,000 won-17,00 won-17,

Therefore, it is so decided as per Disposition by the assent of all participating judges pursuant to Article 406 of the Civil Procedure Act.

The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet

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