[소유권이전등기말소][공1984.8.15.(734),1266]
Whether it constitutes an anti-social juristic act of a disposition of low realization of security for transfer made by the active solicitation of a buyer
If a creditor, who has a real right to transfer secured real estate, disposes of secured real estate at a reasonable market price, and in collusion with the purchaser (A) of secured real estate without obtaining the satisfaction of claims, purchased the same in the name of a processing person (B) at the market price of 7.5 million won which is less than half of the market price of the secured real estate without obtaining the satisfaction of claims, and resells the mortgaged real estate to his/her own part, it constitutes an act of breach of trust, and as long as such act of breach of trust by the mortgagee was committed by the active participation of the above (A), it constitutes an act of
Article 355(2) of the Criminal Act; Article 103 of the Civil Act
Kim Jong-soo, Attorney Kim Yang-nam, Counsel for the defendant-appellant
Defendant 1 and four others
Seoul High Court Decision 81Na2662 delivered on March 24, 1982
All appeals are dismissed.
The costs of appeal shall be assessed against the defendants.
The defendants' grounds of appeal are examined.
According to the reasoning of the judgment below, the plaintiff's act of purchasing and selling the above site was originally owned by the defendant 1 and the building of this case was owned by the plaintiff 1 under the name of 1975, but it was not registered. The defendant 1 entrusted 5,00,00 won to the defendant 2 who purchased and sold the above building site under the name of 10,000 won and then did not obtain the above provisional registration 0,000 won under the name of 10,000 won for the above 10,000 won for the above 70,000 won and 0,000 won for the above 10,000 won and 0,000 won for the above 10,000 won and 10,000 won for the above 10,000 won and 0,000 won for the above provisional registration, and the plaintiff did not execute the above provisional registration with the above 10,000 won for the purpose of sale.
Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Jong-soo (Presiding Justice)