당초 등기가 탈법행위에 의한 원인무효 등기인 이상 이에 기초한 소유권이전등기 또한 원인무효의 등기임.[국승]
As long as the initial registration is a registration of invalidation of the cause by the evasion of the law, the registration of ownership transfer based on it shall also become void.
An act of acquiring State property under the name of another person by an employee engaged in the affairs concerning State property shall be null and void as an evasion of law, and an act of acquiring State property by a third party shall also be null and void, unless the same Act provides for the restriction on the other party entitled to assert the invalidation in order to protect the safety of transaction, etc.
The period of acquisition of ownership of real estate due to possession of Article 245 of the Civil Act on the Restriction of Acts by employees under Article 7 of the Gu State Property
Gwangju District Court Decision -2012-Ban-2063 (05 March 05, 2013)
Korea
Cho 00 et al.
Pleadings without Oral Proceedings
2013.03.05
1. As to the plaintiff, 00 00 00 Gun 00 Gun 152-2 1,968 m2
A. With respect to the shares of 3/17, defendant Park Jong-ok, defendant Cho Jong-soo, 00, 00, 00, and 00, 00, 00, 00, 00, and 00, 00, 00, 00, 00, 00, 198, 415, 198;
B. Defendant 00 shall implement each procedure for the cancellation of ownership transfer registration completed on January 22, 1998 by the receipt No. 412 of the same registry office.
2. The costs of lawsuit are assessed against the Defendants.
The same shall apply to the order.
1. Indication of claims: It shall be as shown in attached Form; and
2. Judgment without holding any pleadings: Article 208 (3) 1 of the Civil Procedure Act.