[소유권이전등기말소][공1980.8.15.(638),12964]
The judgment against the deceased and the validity of the registration of transfer of ownership based thereon.
The judgment against the deceased is null and void, and the registration of transfer of ownership based on the death is the registration invalidation.
Article 187 of the Civil Act
[Defendant-Appellee] Plaintiff 1
Defendant 1 and one other, Counsel for the defendant Kim-type ginseng-appellee
Seoul High Court Decision 79Na153 delivered on March 21, 1980
All appeals are dismissed.
The costs of appeal shall be assessed against the defendants.
The defendants' attorney's grounds of appeal Nos. 1 and 2 are examined together.
According to the reasoning of the judgment of the court below, the forest land in this case is originally owned by the deceased non-party 1 and died on June 16, 1968, and the plaintiffs became their co-inheritors. The non-party 2 filed a lawsuit against the non-party 1 for the registration of ownership transfer of the forest land in this case as stated in the judgment of the court below with the false address around December 1969, which is after the death of the above non-party 1. The non-party 2 filed a lawsuit against the non-party 1 for the registration of ownership transfer as stated in the judgment of the court below. The judgment of the court below became final and conclusive as of February 5, 1970, and the registration of ownership transfer was completed in his own future on May 15, 1970, and the registration of ownership transfer was completed, and the above non-party 2 purchased the forest land in this case from the above non-party 1, and there is no error in the misapprehension of legal principles as to the above legal relationship with the plaintiff 2 in this case.
Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Hong-chul (Presiding Justice)