[1] The validity of false indication that conspired

[2] Whether a claim for damages is filed against an act that infringes on the legal effect of an invalid juristic act (negative)

[1] The expression of false will, as a person other than the party of false indication and the general successor, shall be null and void against anyone other than the third party in good faith who has a substantial new legal interest on the basis of the legal relationship formed externally by such false indication, and any person may also assert the invalidity thereof.

[2] Since a null and void juristic act does not naturally take effect from the beginning of the establishment of the juristic act, even if there is an illegal act or non-performance, which appears to infringe on the legal effect of the null and void juristic act, it cannot be claimed as damages due to infringement on the legal effect.

[1] Article 108 of the Civil Act / [2] Articles 390 and 750 of the Civil Act

[1] Supreme Court Decision 94Da12074 delivered on April 26, 1996 (Gong1996Sang, 1656) Supreme Court Decision 99Da51258 delivered on July 6, 200 (Gong200Ha, 1861)

Plaintiff (Law Firm Daegu, Attorneys Seo-tae et al., Counsel for the plaintiff-appellant)

Defendant

Daegu District Court Decision 2002Na67 delivered on November 13, 2002

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

A false declaration of intent, as a person other than a party of false indication and a general successor, is invalid or void against anyone other than a bona fide third person who has a de facto legal interest based on the legal relationship formed externally by such false indication, and any person may assert the invalidity thereof (see Supreme Court Decision 9Da51258, Jul. 6, 200). Moreover, a null and void juristic act does not naturally take effect from the beginning of its establishment. As such, even if it infringes on the legal effect of null and void juristic act, even if there is an illegal act or non-performance of obligation, which appears to infringe on the legal effect of the null and void juristic act, it shall be deemed that the claim for damages is not possible.

The court below rejected the plaintiff's claim on the premise that, since the plaintiff purchased each of the lands of this case from the non-party 1 and entrusted the defendant with the affairs of provisional disposition of prohibition of disposition to preserve the right to claim ownership transfer registration, the defendant did not confirm whether the lot number and the land lot number on the registry of each of the lands of this case coincide with each of the lands of this case and prepare and submit an application so that the parcel number can coincide with them, and it did not properly confirm it, and the decision of provisional disposition of prohibition of disposal was issued as the applicant, but the registration request was dismissed by the registration public official on the ground that the lot number on the registry and the parcel number on the provisional disposition of prohibition of disposal did not coincide with the parcel number on the registry, but the non-party 1 lost the ownership of each of the lands of this case due to the public sale by the State, and thereby, the plaintiff was liable to compensate the plaintiff for the amount equivalent to the market price of each of the lands of this case. Thus, the plaintiff's claim on the premise that the plaintiff entered into a sales contract with the non-party 1 is valid.

Although the above judgment of the court below is somewhat insufficient, it is just in light of the above legal principles, and there are no errors in the misapprehension of legal principles as to the scope of validity of a contract, or in misapprehension of legal principles as to the parties to a contract, as alleged in the grounds of appeal.

Therefore, the appeal is 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.

Justices Son Ji-yol (Presiding Justice)