[소유권이전등기말소][공1975.10.15.(522),8627]
Where a purchaser of a real estate has completed the registration of ownership transfer with a final and conclusive judgment in favor of the seller on the execution of the procedures for the registration of ownership transfer due to the sale of the same real estate before the registration of ownership transfer
Where a purchaser of a real estate has filed a lawsuit against the seller on the ground that he/she purchased the same real estate, and completed the registration of ownership transfer with a final and conclusive judgment to execute the procedure for registration of ownership transfer on the ground that he/she purchased the real estate, the buyer cannot file a claim for cancellation of the registration of ownership transfer in the name of a third party, which conflict with the res judicata of the above final and conclusive judgment in subrogation of the seller for the purpose of preserving the seller's right to claim ownership transfer registration, and the seller's obligation to register ownership transfer to the buyer is impossible
Audit of a police officer;
Jeon Ho-ho et al., Counsel for the defendant-appellant
Attorney Kim Jae-young, Counsel for the defendant-appellant
Daegu High Court Decision 73Na916 delivered on November 19, 1974
The original judgment is reversed, and the case is remanded to the Daegu High Court.
1) Determination on the grounds of appeal by the Defendants’ highest choice and defendant Lee Young-ho, and Lee Jae-deok, Counsel for the defendant-appellant
Based on its reasoning, the original judgment asserted the false facts that Defendant 1 purchased the land in this case from Defendant Egyp, Defendant Egyp, who is the co-owner, but did not register the ownership transfer from Defendant Egyp, and Egyppon, despite the fact that Defendant 1 had not purchased the land in this case from Defendant Egypon and Egypon, and brought a lawsuit against Defendant Egypon and Egypon, and obtained a final and conclusive judgment in favor of the court by deceiving the court, and completed the registration of ownership transfer in its name. Furthermore, even if the registration of ownership transfer made in Defendant 1 pursuant to the final and conclusive judgment, it shall be revoked, and thus, Defendant Egyp, and Egypon are obliged to register the ownership transfer to the Plaintiff.
However, even if the facts are the same as the judgment of the court below, since defendant 1 had already filed a lawsuit against the defendant Lee Young-ho and Lee Dong-ho on the ground that he purchased the site, and completed the registration of ownership transfer in its name with the final judgment on the execution of the procedure for the registration of ownership transfer, and in this case, the plaintiff is claiming for the cancellation of the registration of ownership transfer in the name of defendant 1 by subrogation of the above defendant in order to preserve the right to claim the registration of ownership transfer against the above defendant Lee Young-ho, the seller of the above site. As seen above, as long as the registration of ownership transfer on the land of defendant 1 was conducted through the final judgment of res judicata between the above defendant 1 and the defendant Lee Young-ho, and the same Lee Young-ho, the plaintiff's assertion that the registration of ownership transfer in the above land was invalid by the final judgment of the court below as to the defendant Lee Young-ho and Lee Dong-ho, and the judgment of the court below as to the effect that the registration of ownership transfer is invalid by the final judgment of the plaintiff 1 and the above.
Therefore, the original judgment is reversed, and the case is remanded to the Daegu High Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Il-young (Presiding Justice)