A relationship between Article 607 and Article 608 of the Civil Code and Article 608 of the Civil Code, not for securing the performance of an obligation, but entirely transferred to the other party on behalf of the obligation

In the event that other property rights are transferred in lieu of the borrowed object to the other party, not to secure the performance of the obligation, but to fully transfer the rights to the other party in lieu of the obligation, this section and Article 608 of this Act shall not apply.

Article 607 of the Civil Act, Article 608 of the Civil Act

Plaintiff 1, et al., the deceased Nonparty Nonparty’s taking over the lawsuit

Defendant

Seoul District Court Decision 66Na380 delivered on September 7, 1967

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

According to the court below's ruling on the ground of appeal that the above transfer of real estate was made under the name of the non-party on the ground of the above loan and the transfer of ownership in the name of the non-party on the ground of the loan, the court below held that the non-party's assertion, i.e., the deceased non-party holding the seals of the deceased non-party at the time of the transfer of the real estate to the non-party on the premise that the above transfer of the real estate was invalid by the non-party on the ground of the above loan and the transfer of the real estate to the non-party on the non-party on the condition that the above transfer of the right to the non-party on the non-party on the non-party's loan cannot be viewed as invalid by the evidence established in the court below's ruling that the above transfer of ownership was made under the non-party's name on the non-party's premise that the non-party's transfer of ownership to the non-party on the non-party's loan cannot be seen as invalid by examining the above facts that the non-party's property rights were invalid.

Therefore, the grounds of appeal are difficult to be adopted, and it is so decided as per Disposition with the assent of all participating judges.

Supreme Court Judge Lee Young-su (Presiding Judge) (Presiding Judge) and Lee Dong-dong Gyeong-dong