[소유권이전등기말소][공1981.10.1.(665),14251]
If the registration of transfer of ownership has been made after the donor was later on the ground that the donor was a donor's heir or in writing, a rescission of the reason that the donation was not made.
If the deceased donated the immovables before their birth and the documents necessary for the registration of transfer of ownership were provided pursuant to his purport, even if the registration was completed after the deceased died, after the registration of transfer of ownership was completed as a performance of the donation according to the will of the deceased, the cancellation of the reason that the donation was not made in writing by the inheritor of the deceased does not affect this.
Article 555 of the Civil Act
Plaintiff 1 and 1 others, Counsel for the plaintiff-appellant-appellee
Defendant
Daegu High Court Decision 80Na349 delivered on September 4, 1980
The appeal is dismissed.
The costs of appeal are assessed against the plaintiffs.
The plaintiffs' attorney's ground of appeal No. 1 is examined.
According to the reasoning of the judgment below, the court below rejected the plaintiffs' assertion that Eul evidence Nos. 1 (Real Estate Sales Contract) was forged by the defendant, or that the plaintiff Nos. 2 was born due to the defendant's belief that the deceased's heir is the deceased non-party's, without any evidence to acknowledge it. Based on the above evidence, the non-party Nos. 1 attached to the judgment of the court below was donated to the defendant on December 20, 1978, and the plaintiff Nos. 1 attached to the judgment of the court below was prepared in accordance with the purport of the non-party No. 2, and the defendant provided the documents necessary for the registration of transfer, such as the certificate of the deceased's seal impression issued before the death of the above deceased, and it was clear that the defendant confirmed the fact through the registration of transfer of ownership, and compared with the records, it is reasonable that the evidence preparation and the fact-finding of each real estate which the court below confirmed the above facts was correct, and there is no error in the misapprehension of the rules of evidence or the legal reasoning.
The grounds of appeal No. 2 are examined.
As to the above point 1, the court below decided lawfully that the deceased non-party donated the above real estate to the defendant, and that the documents necessary for the registration of transfer of ownership were provided according to his purport. Thus, even if the registration has already been completed after the death of the deceased, the cancellation of the donation by the deceased's heir cannot be affected after the registration of transfer of ownership was completed as a performance of the donation according to the deceased's will. Thus, there is no ground for misunderstanding the judgment of the court below from the contrary point of view.
Therefore, the appeal is dismissed, and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Shin Jong-young (Presiding Justice)