원인무효 판결를 받아 소유권이 환원되고 등기가 말소되었다 하더라도 양도임[국승]
Seoul High Court 2008Nu31569 (209.03)
It shall be returned to the ownership upon the judgment of invalidity of the cause, and even if the registration has been cancelled;
Although the donor asserts that the transfer of real estate acquired without authority is null and void by transferring it without authority, considering that the Plaintiff directly delivered a certificate of seal impression for real estate sale to the donor, the transfer constitutes a transfer even if the registration was cancelled upon the judgment null and void of the cause.
The contents of the decision shall be the same as attached.
The appeal shall be dismissed.
The costs of appeal are assessed against the plaintiff.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by