Matters not asserted by the parties and the principle of pleading;

In the case of double transfer of real estate and transfer of ownership to a third party, the obligation of the first purchaser to transfer the registration of transfer to the third party shall be impossible unless there are special circumstances, or in this case, if the seller does not assert that the performance is impossible, the court cannot reject the claim for transfer registration of the purchaser due to the lack of performance in the civil procedure based on the pleadings principle.

Article 188 of the Civil Procedure Act

ASEAN-gun

Defendant

Daejeon District Court Decision 66Na155 delivered on September 24, 1966

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

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

In the sale of real estate, if the seller has transferred the object to a third party and passed the registration of transfer to a third party, barring any special circumstance, it is reasonable to deem that the seller has the obligation to perform the registration of transfer to the purchaser, barring any special circumstance, and in such a case, if the seller does not assert any defense that the performance is impossible, the court cannot reject the claim for performance of the plaintiff's registration of transfer to the purchaser for reasons that the performance is impossible. In this case, the purchaser is a co-defendant with the third party who was transferred the object from the seller to the buyer and passed the registration of transfer to a third party, and the claim for cancellation of the registration is rejected on the ground that the plaintiff's registration of transfer is null and void, and it cannot be deemed that there is a necessary co-litigation relationship between the plaintiff and the non-party who was the seller and the non-party who passed the registration of transfer to the defendant and the non-party who passed the registration of transfer to the court below, and therefore, the plaintiff's joint defendant cannot be viewed as having received the plaintiff's summons against the non-party, and did not submit the plaintiff's reply.

Therefore, the appeal is without merit, and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices of the Supreme Court Dog-gu (Presiding Judge) Dog-Jak and Mag-gu Mag-gu