[소유권이전등기말소청구사건][고집1972민(1),49]
Effects of registration made by judgment against the deceased.
Since a judgment made against a deceased person is null and void, a transfer of ownership registration made by such judgment is a registration invalidation, except in extenuating circumstances.
Article 186 of the Civil Act, Article 47 of the Civil Procedure Act
Plaintiff 1 and two others
Defendant 1 and one other
Seoul Central District Court (70 Ghana14985) in the first instance trial
The original judgment shall be revoked.
With respect to the plaintiffs, the defendant 1 completed the procedure of cancellation registration of transfer of ownership on December 31, 1969 as to the 116-2 forest land of Yeongdeungpo-gu Seoul Metropolitan Government 116-2 forest land of Yeongdeungpo-gu, Seoul Metropolitan Government 116-2, and the procedure of cancellation registration of provisional registration for the purpose of preserving the claim for transfer of ownership on the ground of sale reservation on February 15, 1965 as the receipt of the above registration office No. 6979 of August 31, 1970 as the above registration office No. 6979 of August 29, 1970 as to the above real estate.
Of the costs of lawsuit in the first and second instances, the part arising between the plaintiffs and the defendants shall be borne by the defendants, and the part arising from the intervention shall be borne by the supplementary intervenor.
The same shall apply to the order.
In light of the facts stated in paragraph (2) above, the owner of the above clan No. 4 was registered in the name of the deceased non-party 1 at the time of execution of the above clan No. 6, and the registration of ownership transfer was made in the name of the deceased on June 1, 1937, which was after the death of the deceased (the deceased died on July 9, 194) and the deceased non-party 1, who had no record of the above clan No. 4, the court below's title transfer registration was made in the name of the deceased non-party 1 (the non-party 4's title transfer registration was made in the name of the deceased non-party 1's name and the non-party 1's title transfer registration was made in the name of the defendant non-party 6's title trust without any dispute over the ownership transfer registration procedure for the forest and land No. 6's title trust. Accordingly, the court below's decision that the plaintiff's title transfer registration was made in the name of the deceased non-party 1's title.
Thus, as to the plaintiffs, who are the deceased non-party 1's property heir, the defendant 1 had the obligation to register the suspension of ownership transfer on the part of the defendant's title over the forest in this case, and the defendant 2 has the obligation to execute the cancellation registration procedure of the above provisional registration, the plaintiffs' claim for the principal lawsuit seeking the implementation of the above provisional registration is justified. Since the original judgment different from this conclusion is unfair, it is so decided as per Disposition by the application of Article 96, 89, and 94 of the Civil Procedure Act as to the payment of litigation costs.
Judges Yong-Anngngng (Presiding Judge)