Effect of the registration of transfer of ownership made in the name of a person who is not actual

If the registration of ownership transfer made in the name of a person who is not actual, is made by the intention to restore the ownership of the land to a final and conclusive circuit, it shall be considered as a registration expressing the right to the final and conclusive meeting. Even if the entry of the title holder in the registration is inconsistent with the actual one, if the identity of the character is recognized, it shall be considered as a registration

Article 186 of the Civil Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant-appellant-appellee)

[Defendant-Appellee] Kim Jong-sung (Attorney Kim Jong-young et al., Counsel for defendant-appellee)

Defendant 1 and one other

Gwangju District Court Decision 93Na8319 delivered on June 17, 1994

All appeals are dismissed.

The costs of appeal shall be assessed against the defendants.

We examine the grounds of appeal.

On the first ground for appeal

The court below ruled that the registration of transfer in the name of the defendants in relation to the land of this case is based on the registration of transfer of ownership which was made in favor of the above non-party 2 (non-party 2) by filing a lawsuit claiming transfer of ownership against the above non-party 2 by means of constructive confession, using the fact that the non-party 1 (the co-defendant of the court of first instance) who had already died and did not have been lost as the co-help of the plaintiff'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'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's son's son's son's son's son.

On the second ground for appeal

According to the facts duly established by the court below, the registration of transfer of ownership, which was made in the name of the above non-party 2, was made with the intention to return the ownership of the land in this case to the plaintiff's relatives' meeting, and it shall be deemed a registration which represents the plaintiff's relatives' meeting (the identity of the personality is recognized even if the entry of the name holder in the registration does not coincide with the actual situation, and it is merely the subject of correction of indication). Accordingly, the plaintiff's relatives' association may seek cancellation of each transfer of ownership in the name of the defendants, which is invalid as the owner of the land in this case. Accordingly, the court below's approval of the plaintiff's request for cancellation registration is acceptable, and there is no error of law by misunderstanding the legal principles as to the exercise of

Therefore, all appeals are 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 on the bench.

Justices Kim Jong-soo (Presiding Justice)