[소유권이전등기말소][집19(3)민,079]
The existence of a disposal document shall be recognized as long as its establishment is deemed genuine.
A disposal document shall recognize the existence of a juristic act, so long as its formation is deemed genuine.
Article 328 of the Civil Procedure Act
Plaintiff
Defendant 1 and two others
Suwon support in the first instance court, Seoul High Court Decision 70Na2751, 2752 decided July 28, 1971
We reverse the original judgment.
The case is remanded to Seoul High Court.
The defendants' attorney's grounds of appeal are examined.
According to the reasoning of the judgment of the court of first instance cited by the court below, Defendant 1, who was the first instance court around 1969, shall be deemed to have been aware of the existence of a juristic act in this case's possession of the same person. However, as long as the establishment of a disposal document is deemed to have been genuine, it shall be recognized that the existence of a juristic act in this case's possession should be denied, and even if the ownership is not acquired, it shall be delegated to the Non-Party 1, a judicial secretary to the Non-Party 1, the court of first instance, along with an application for preservation registration of the plaintiff's name concerning the real estate in this case's name and an application for transfer registration of ownership in this case's name, and it shall be confirmed that Defendant 1 purchased or acquired the real estate in this case's possession from the plaintiff, and the evidence No. 4 and No. 1 No. 2, which are consistent with the argument of the court below, are not erroneous in the misapprehension of evidence and evidence No. 1 of this case's reasoning.
Therefore, by the assent of all participating judges, the original judgment is reversed, and the case is remanded to the Seoul High Court. It is so decided as per Disposition.
The Korean Supreme Court Judge Han-won(Presiding Judge)