logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.06.13 2017다246180
소유권이전등기말소등
Text

All appeals by the Plaintiff against Defendant B and D are dismissed.

The plaintiff's appeal against the defendant C is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The appeal on the appeal against the defendant B and D is to seek revocation or alteration of the judgment disadvantageous to the defendant B and D in their favor.

The final appeal against the judgment in favor of the entire party is not allowed on the grounds that either the subject matter or interest to file an appeal is nonexistent (see, e.g., Supreme Court Decision 9Da61378, Jun. 14, 2002). According to the record, the lower court dismissed Defendant B and D’s appeal. As such, the final appeal filed by the Plaintiff who won the entire winning case against Defendant B and D is unlawful on the grounds that

2. Determination on the grounds of appeal against Defendant C

A. According to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, a title trustee’s title trust agreement on real estate and any change in real rights thereto are null and void. However, if a title trustee was not aware that the title trustee was either a party to a contract to acquire real estate and the other party did not know that the title trust agreement existed, the title trustee would acquire the full ownership of real estate

(2) In a case where a partner completed the registration of ownership transfer under the name of one of the partners without making a joint ownership registration on real estate purchased for a joint project, the partnership should be deemed to have held title trust with the partner.

(1) In the event that the change in real rights is null and void in accordance with the foregoing legal doctrine, the ownership of the real estate held in title by a partnership to its members is reverted to the seller, and the title trustee when the change in real rights is valid.

In such cases, the partnership property is the claim for ownership transfer registration or the claim for return of unjust enrichment, and the trust property itself cannot be the partnership property.

B. (1) The lower court.

arrow