Expenses for transfer registration of ownership for the purpose of security and a person liable for acquisition tax;

Where a registration of ownership transfer has been made for the purpose of transfer for security, the expenses and amount of acquisition tax shall be paid by the creditor to secure the security right, and therefore the debtor shall not be liable to bear unless otherwise agreed by the parties.

Article 360 of the Civil Act

Plaintiff

Defendant

Seoul High Court Decision 70Na2601 delivered on October 27, 1971, Seoul High Court Decision 70Na2601 delivered on October 27, 197

The appeal shall be dismissed.

The costs of appeal shall be borne by the defendant.

The defendant's attorney's grounds of appeal are examined.

However, even if the record is examined, it cannot be viewed that the original judgment was made by the evidence for accord and satisfaction reservation between the plaintiff and the defendant, and that the registration of ownership transfer was made based on the result of the original judgment, and that the defendant paid the expenses and the amount of the acquisition tax for the registration of ownership transfer of the theory of lawsuit to secure the security right. In addition, if the defendant wants to bear this to the plaintiff, special agreement should be made between the parties. The original judgment cannot be included in the contents of the obligation, and unless there is any special agreement, it is just to determine that the plaintiff, the debtor, has no obligation to bear, and the disputed appeal cannot be adopted.

Therefore, the appeal is dismissed without merit. It is so decided as per Disposition by the assent of all participating judges by applying Articles 95 and 89 of the Civil Procedure Act to the bearing of litigation costs for the appeal.

The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho