[1] The effects of a contract for the transfer of real estate ownership in conflict with Article 2(2) and Article 8 subparag. 1 of the Act on Special Measures for the Registration of Real Estate (effective)

[2] The meaning of "donation in writing" under Article 555 of the Civil Code

[3] The case holding that in case where Gap, Eul, and Byung donated the land belonging to the remaining property to Byung who was born between the two parties after the adjustment of Gap, Eul, and Byung's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son

[4] In a case where the donor donated the land purchased without resorting to writing, but the donor transferred the right to claim ownership transfer registration to the donee, and completed the notification of transfer to the seller, whether the rescission of the above donation contract affects the part already implemented (negative)

[1] Even if the transfer of the right to claim registration of real estate ownership conflicts with Article 2(2) and Article 8(1) of the Act on Special Measures for the Registration of Real Estate, its judicial effect is not denied.

[2] A written donation refers to a donation made in writing to the extent that the donor’s intent to give his/her own property to the other party in a contract of donation is clearly recognizable through the document. Although the language and text of the written donation itself are not specified in the contract of donation, it shall be deemed as a written document under Article 555 of the Civil Code, if it is deemed that such written document is a document that directly expresses his/her intention of donation in consideration of the circumstances leading up to the preparation of the written donation. However, the expression of intent of the above donation shall be indicated in writing to the donee

[3] The case holding that in case where Gap, Eul, and Byung donated the land belonging to the remaining property to Byung who was born between the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch

[4] According to Article 558 of the Civil Act, the rescission of a gift not in written form does not affect the part already performed. Thus, in a case where the donor donated a land for which no ownership transfer registration has been made without written form, but the donor transferred the right to claim ownership transfer registration to the donee, and completed the notification of transfer to the seller, the rescission of the reason that the contract is a gift not in written form by the heir of the donor does not affect it.

[1] Articles 2(2) and 8 subparag. 1 of the Act on Special Measures for the Registration of Real Estate / [2] Article 555 of the Civil Act / [3] Article 555 of the Civil Act / [4] Articles 55 and 558 of the Civil Act

[1] Supreme Court Decision 92Da39112 delivered on January 26, 1993 (Gong1993Sang, 858) / [2] Supreme Court Decision 91Da6160 delivered on September 10, 1991 (Gong1991, 2505) Supreme Court Decision 92Da18481 delivered on March 9, 1993 (Gong1993Sang, 1143), Supreme Court Decision 95Da5406 delivered on March 8, 1996 (Gong196Sang, 122) / [4] Supreme Court Decision 80Da2338 delivered on July 28, 198 (Gong1981, 14251), Supreme Court Decision 200Da39379 delivered on August 13, 191 (Gong1993, 294)

Plaintiff 1 and six others (Attorney Lee Jong-sung, Counsel for the plaintiff-appellant)

Suwon Pung (Attorney Hong-il, Counsel for the defendant-appellant)

Seoul District Court Decision 97Na47094 delivered on April 14, 1998

All appeals are dismissed. The costs of appeal are assessed against the plaintiffs.

As to the grounds of appeal Nos. 1 and 2

The facts established by the court below are different. The non-party 1 purchased approximately 18 square meters of the land adjacent to the above land from the defendant on June 15, 1993 in order to use 136/234 of 774 square meters of 34-4 forest land owned by the non-party 1 in the Dong-si, Seocheon-gu, Si, Si, Do, 344, and for access roads such as single-story houses, workplaces, cattle pens, etc., and paid the purchase price in full. The non-party 1 purchased approximately 18 square meters of the land adjacent to the above land from the defendant on May 20, 1994, upon filing a lawsuit for divorce and division of property from the non-party 2, transferred the land (factory site) and the building located in Changcheon-gun, Si, Do, and the non-party 2 and the plaintiffs were not entitled to transfer the ownership registration from the non-party 4 to the non-party 3, who was born the land and the building on the ground.

Meanwhile, even if the transfer of the right to claim for the registration of real estate ownership conflicts with Article 2(2) and Article 8(1) of the Act on Special Measures for the Registration of Real Estate, its judicial effect is not denied as a matter of course (see Supreme Court Decision 92Da39112, Jan. 26, 1993).

Regarding ground of appeal No. 3

The court below rejected the plaintiffs' assertion to the effect that the plaintiff's intent to cancel the right to land of this case was expressed to the non-party 3 and the non-party 4 as the other party to the dispute by indirectly distributing the land of this case to the non-party 4 in accordance with the above mediation protocol, on the grounds that the transfer of the above right to claim for ownership transfer registration was not indicated in writing, since it was not expressed in writing that the above non-party 1's heir would cancel it pursuant to Article 55 of the Civil Code, it is sufficient that the donor's intent to give his own property to the other party in writing was presented to the extent that he can be clearly known through a document, and that the document does not necessarily have to be prepared or exchanged between the parties, and it was made under the involvement or understanding between the parties. In the above mediation, the court below rejected the plaintiffs' assertion to the effect that the non-party 2 and the plaintiffs were not superior, who are the party to the dispute, and the other property including the land of this case were distributed to the non-party 4 as the other party to the dispute.

A written donation refers to a written donation made to the extent that the donor’s intent to give his/her own property to the other party in the contract of donation refers to the extent that it can be clearly known through the document. Although the language and text of the written donation itself does not appear in the contract of donation, it should be deemed as a written document as stipulated in Article 555 of the Civil Act, if it is acknowledged that the document is a document that directly expresses his/her intention of donation, and the expression of the above donation should be expressed in writing (see Supreme Court Decision 95Da5406, Mar. 8, 1996). According to the records, the above adjustment party can be known to the non-party 1 and the non-party 2 and the non-party 3, and there is no influence on the non-party 4’s right to claim the transfer of the land and the non-party 1’s right to claim the transfer of the remaining property including the land of this case after the transfer to the non-party 4 did not affect the non-party 1’s decision.

Therefore, all appeals are dismissed, and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)