[가등기말소등][하집1989(1),20]
Whether a contract with the contents of a provisional registration made under the name of the wife for the purpose of restricting the husband's disposal of property and compelling the provision of the remaining property of the children to the extent that the contract violates good morals and other social order.
A contract between husband and wife and father-child relationship, such as restricting the Plaintiff’s act of disposal of the property between husband and father, and setting a method of distributing the property to the children, and making a provisional registration with respect to the real estate under the name of the plaintiff’s wife for the purpose of forcing the above contract, is null and void in light of the essence of family relationship, the purpose is contrary to the human body and is contrary to good morals and other social order.
Article 103 of the Civil Act
Plaintiff
Defendant
Seoul Central District Court (87 Gohap5472) in the first instance trial
1. The appeal is dismissed.
2. The Plaintiff (Counterclaim Defendant) shall implement the procedure for the registration of ownership transfer on the ground of termination of title trust on November 29, 198, with respect to the one-half shares of real estate listed in the separate sheet to the Defendant (Counterclaim Plaintiff).
3. The costs of the appellate trial shall be borne by the defendant (Counterclaim plaintiff) and the remainder by each of the plaintiff (Counterclaim defendant) in two minutes through the principal lawsuit and counterclaims.
The principal lawsuit: The Defendant (Counterclaim Plaintiff; hereinafter the Defendant) fulfilled the procedure for the cancellation of the provisional registration of the preservation of the right to claim transfer of ownership as set forth in the attached Form No. 24773, Jul. 13, 1982, for the real estate stated in the attached Table to the Plaintiff (Counterclaim Defendant; hereinafter the Plaintiff).
Judgment that the lawsuit costs shall be borne by the defendant
Counterclaim: Judgment like the Disposition No. 2 and judgment that the expenses for a counterclaim shall be borne by the plaintiff (the first instance court filed a counterclaim).
The judgment of the court below is revoked and the plaintiff's claim is dismissed.
Litigation costs shall be assessed against the plaintiff at all of the first and second instances.
The principal lawsuit and counterclaim shall be judged together.
On July 13, 1982, the registration of ownership transfer and the registration of ownership preservation of the above real estate in the name of the plaintiff was completed. The provisional registration was completed on July 10, 1982 by the defendant's 2473, and the above provisional registration was completed on the non-party 1's title, and the plaintiff's disposal of the above real estate was completed on the non-party 2's own name. The above provisional registration was completed on the non-party 1's title to prevent the plaintiff from arbitrarily selling and disposing of the above real estate without entering the contract as the grounds for registration between the plaintiff and his wife, and the non-party 2's non-party 1's title to secure the rights to the above real estate in the non-party 3's title and the non-party 1's title to the non-party 4's title and the non-party 1's title to the non-party 7's title and the defendant's title to the non-party 2's non-party 1's title to the plaintiff 3's title.
According to the above facts, the above real estate is owned jointly by the defendant other than the plaintiff, and the defendant entrusted the name of the registration with respect to the defendant's shares in the defendant's name. However, the above provisional registration under the defendant's name is judged by the plaintiff, the plaintiff, the defendant's simple spouse, the plaintiff, the non-party 2, the non-party 3, and the non-party 4, etc., who are their children. Thus, the conclusion of a contract, such as restricting the acts of disposal of the plaintiff's property as his husband, and restricting the non-party 3, the non-party 4, etc. to make the above agreement with the intention to enforce the method of distribution of property, and allowing the provisional registration under the defendant's name to be made to secure this, shall be deemed to be contrary to the master's identity in light of the nature of the family relationship, and it shall
Therefore, the provisional registration in the name of the defendant with respect to the above real estate is invalid registration and the defendant is obligated to perform the procedure for cancellation registration of the above provisional registration. Meanwhile, since the above real estate is presumed to be owned by the plaintiff and the defendant and each share of the above real estate is presumed to be equal, the defendant entrusted the title registration in the name of the plaintiff with respect to shares of 1/2 in the above real estate to the plaintiff, and the plaintiff is obligated to perform the procedure for registration of transfer of ownership for the reason of termination of title trust on November 29, 198, which is clear that the share of 1/2 in the above real estate is the date of delivery of the counterclaim of this case, and the judgment of the court below with respect to the principal lawsuit is just, and therefore, the appeal is dismissed, and the defendant's claim for counter-performance at the trial of the court below is justified, and the defendant's burden of litigation costs is determined as per the application of Articles 95, 92, and
Judges Kim Jong-soo (Presiding Judge)